Of ‘One Shotters’ and ‘Repeat Hitters’: A Retrospective on the Role of the European Parliament in the EU-US PNR Litigation

2017 ◽  
pp. 528-550 ◽  
Author(s):  
Elaine Fahey
Keyword(s):  
2017 ◽  
Vol 22 (3) ◽  
pp. 473-498 ◽  
Author(s):  
Magdalena Frennhoff Larsén

AbstractSince the Lisbon Treaty increased the legal role of the European Parliament (ep) ineutrade policy, there has been a debate about the extent to which these legal competencies have translated into actual influence over the content and outcome ofeutrade negotiations. Using the trade negotiations between theeuand India as a case study, this article argues that the impact of theephas indeed been significant. Through two-level game analysis, which extends its domestic focus to include theepas a domestic constituent, it demonstrates how theephas affected theeuwin-set in ways that have both hindered and facilitated agreement at the international level between theeuand India. It also shows how theephas affected the negotiating dynamics and how theeunegotiators have had their preferences somewhat compromised by theepin their attempt at reaching an agreement with India.


Author(s):  
Deirdre Curtin

Increasing the role of the European Parliament in legislative and executive rule-making was a key objective of the Lisbon Treaty reformers in their endeavours to enhance the democratic legitimacy of the EU. Yet, the Lisbon reform leaves much room for improvement with respect to accountability in the new system of legal acts. The analysis reveals the wide discrepancy between the formal rules and informal practices of the institutions post-Lisbon, giving rise to further accountability concerns. The main problems are the inadequacy of democratic checks over the Council, limited resources and powers of the European Parliament, increased reliance on trilogues at the expense of open dialogue and deliberation, and insufficient public access to institutions’ documents. In conclusion, it is suggested that even in the absence of formal Treaty reform, values such as publicity and participation could be crucial normative standards to be included in the further design of EU decision-making procedures.


2021 ◽  
pp. 1-22
Author(s):  
Katharina L. Meissner ◽  
Guri Rosén

Abstract As in nearly all European Union (EU) policy areas, scholars have turned to analysing the role of national parliaments, in addition to that of the European Parliament (EP), in trade politics. Yet, there is limited understanding of how the parliamentarians at the two levels interact. This article fills the gap by conceptualizing these interactions as a continuum ranging between cooperation, coexistence and competition. We use this continuum to explore multilevel party interactions in EU trade talks and show how cooperation compels politicization – national parliamentarians mainly interact with their European colleagues in salient matters. However, we argue that the impact of politicization on multilevel relations between parliamentarians in the EP and national parliaments is conditioned by party-level factors. Hence, we account for how and why politicization triggers multilevel party cooperation across parliaments in the EU through ideological orientation, government position and policy preferences and show how this takes place in the case of trade.


Author(s):  
Justyna Szczudlik

AbstractPoland was among vocal critics of the acceleration and finalization of CAI talks by the end of 2020. Among the reasons were doubts about the timing and political circumstances in the EU such as the role of Germany as a driving force for CAI due to its economic dependence on China, and Commission mandate for talks that was granted several years ago in a very different situation both in China and Europe. Poland was also critical about bypassing the USA, in a sense of bringing CAI talks up to speed during the transition period, before Biden sworn. However, after finalization of the agreement, Polish government (as well as the biggest opposition party) presents a rather positive assessment of CAI and opts for ratification. Notwithstanding, all Polish MEPs have endorsed the European Parliament resolution to freeze ratification process.


2019 ◽  
Vol 2 (1) ◽  
pp. 38-49
Author(s):  
Dimitrios Kafteranis

The European Commission recently published a proposal for a Directive on the protection of whistle-blowers reporting breaches of EU law. This proposal is welcomed not only by the legal community but also by many citizens who desire more transparency. The recent scandals revealed by whistle-blowers along with the active role of the European Parliament have led the European Commission to propose this important text of the proposed Directive. The whistle-blower is recognised as an enforcement tool for the EU and is a key component in helping to ensure the successful enforcement of EU law. There is one element, however, that is not discussed by the European Commission: financial rewards for the whistle-blowers.1 The United States, especially in the financial sector, has adopted a system of financial awards. Europe, on the other hand, is resistant to introducing such incentives. The aim of this paper is to introduce the proposal for a Directive and to highlight the problems that such a step may create at the EU level.


2021 ◽  
Vol 9 (3) ◽  
pp. 29-39 ◽  
Author(s):  
Maria Chiara Vinciguerra

With Lisbon, the European Parliament formally acquired an equal standing to that of the Council of the EU in the making of policies in the AFSJ (area of freedom, security and justice). However, the growing political salience of policy issues at stake and bottom-up politicisation in the AFSJ has had the unintended effect of undermining the European Parliament’s internal unity even under consultation procedures. To show how this played out in practice during Europe’s migration and refugee crisis, this article analyses the European Parliament’s role, preferences, and bargaining position in the making of two Refugee Relocation Decisions (Council Decisions 2015/1523 and 2015/1601) under consultation procedure. To do so, this article exploits Putnam’s two-level framework (level I and II politics throughout the policy-making process) to explore early agenda-setting attempts and groups’ positions on issues of refugee relocation and burden-sharing, as they were formally stated in their position papers and expressed at the LIBE Committee and at plenary. This article shows that the high domestic salience and politicization of the issues at stake left MEPs torn between competing principals at home and within their European Parliament political groups and had the effect of weakening overall unity on the issue of refugee relocation.


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