Towards a European Council of the Judiciary: Some Reflections on the Administration of the EU Courts

Author(s):  
Marc van der Woude
Keyword(s):  
2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.


Management ◽  
2014 ◽  
Vol 18 (1) ◽  
pp. 473-487
Author(s):  
Andrzej Czyżewski ◽  
Sebastian Stępień

Summary The objective of the paper is to present the results of negotiations on the EU budget for 2014-2020, with particular emphasis on the Common Agricultural Policy. Authors indicate the steps for establishing the budget, from the proposal of the European Commission presented in 2011, ending with the draft of UE budget agreed at the meeting of the European Council on February 2013 and the meeting of the AGRIFISH on March 2013 and then approved by the political agreement of the European Commission, European Parliament and European Council on June 2013. In this context, there will be an assessment of the new budget from the point of view of Polish economy and agriculture.


Author(s):  
Petr YAKOVLEV

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.


Significance This increases the likelihood of conflicts between Budapest and Brussels, as Fidesz is expected to ally itself with radical parties internationally. The Hungarian government’s Euroscepticism will probably increase, but given the public’s pro-EU orientation, it will advocate reform of the EU rather than exiting the bloc . Impacts Leaving the EPP will narrow the Hungarian government’s room for manoeuvre. Orban's use of Hungary's veto is likely to obstruct business in the European Council. The EU will become a political issue in Hungary.


Significance The government led by the Slovenian Democratic Party (SDS) is under mounting pressure as Slovenia prepares to take over the European Council presidency. This is due mainly to hostility in parliament and society to Prime Minister Janez Jansa, who promotes a popular but divisive form of national conservatism. Impacts A successful no-confidence vote in the government followed by early elections would complicate Slovenia’s handling of its EU presidency. The fall of the current government and its replacement by the centre-left would improve Slovenia’s relations with the EU and United States. Hungarian Prime Minister Viktor Orban would lose an ally at EU level if Jansa lost office.


Author(s):  
Neil Parpworth

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.


Author(s):  
Fiona Hayes-Renshaw

This chapter examines the inhabitants of, and working visitors to, the Council of Ministers’s headquarters in Brussels. The Council of Ministers has always occupied an important position among the European institutions and in European policy-making. As a European Union institution, it is involved in all areas of EU activity, both by legislating in tandem with the European Parliament (EP) and by coordinating the member states’ policies in particular fields. The chapter first traces the origins of the present-day Council of Ministers before discussing its hierarchy and what the Council does. It then considers how the Council deals with the other EU institutions such as the European Council, the EP, and the European Commission. It shows that the Council embodies the enduring tension between supranationalism and intergovernmentalism as explanatory tools for understanding the construction of the EU.


Author(s):  
Neil Parpworth

This chapter has three aims. It first briefly considers the origins of the what is now the European Union (EU). Secondly, it discusses the institutions of the Union, the European Council, the Council of Ministers, the European Commission, the European Parliament, and the Court of Justice of the EU and General Court. The nature and functions of these bodies is considered. Thirdly, the chapter indicates the nature of institutional reforms which have occurred following the ratification of the Lisbon Treaty.


Author(s):  
Wolfgang Wessels ◽  
Linda Dieke

The observer´s first impression of the European Council is one of tired European Union (EU) leaders who, after dramatic late-night sessions, try to explain ambiguous compromises on key issues of European policies to their media audiences. From a researcher’s perspective, however, there are still many blank areas—a matter resulting from the various obstacles of analyzing this EU institution. The relevance of the European Council’s decisions has driven research on its agenda formation, decision-making and internal dynamics, its legal status and democratic legitimacy. Yet research on the European Council can be cumbersome and methodologically demanding due to the lack of confirmed empirical evidence: meetings of the European Council are consultations behind closed doors and the dense network of mutual information difficult to access. The conclusions are only a concentrate of the discussions held within. It is furthermore a challenge to explain the causal links between the diplomatic language of the conclusions and the real impact these measures have on EU politics. Nevertheless, the European Council is a vivid object of investigation. Since its creation in 1974, the European Council has undergone structural and formal changes: from the increase to up to 28 heads of state or government, to the establishment of a permanent president and the formal inclusion in the institutional setup of the EU in the Lisbon Treaty. From the first “summits” onwards, the Lisbon Treaty had a crucial role in the development of the EU system and the formulation of the underlying treaties. In crisis, it was often the only constellation able to provide consensual and thus effective proposals. Meanwhile, the scope of its activities has been enlarged toward a state-like agenda. It now covers topics at the very heart of national sovereignty. To these issues dealing with core state powers belong economic governance, migration policy, justice and home affairs, and external action, including security policy. Academic controversies about this cornerstone of the Union derive from intergovernmental or quasi-federalist assessments of the institution or from the powers and limitations of “summits” in general and in relation to other EU institutions. Some argue that the European Council shifts the institutional balance toward intergovernmentalist structures. Others stress the European Council’s role in transferring competences to supranationalist institutions. Further debates focus on whether the European Council has (successfully) overtaken the role of a “crisis manager,” or how its embeddedness in the EU institutional architecture could be enhanced, especially vis-à-vis the Council and toward a constructive and balanced relationship with the EP, in future treaty revisions. Analyses of power and of the role of institutions—especially of a key institution as the European Council—are crucial issues of social sciences. Research projects on this highly interesting EU institution will have to assess which methods are adequate: from studying the treaty provisions, formalized agreements and conclusions, to observing its activities as well as tracing external contexts and the internal constellations of the European Council, to evaluating information considered as “anecdotal evidence” from interviews, biographies, and speeches from the few members of this institution.


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