‘Mr Smith Goes To Brussels’: Third Country Lobbying and the Making of EU Law and Policy

2016 ◽  
Vol 18 ◽  
pp. 45-68 ◽  
Author(s):  
Emilia KORKEA-AHO
Keyword(s):  
Decision Making ◽  
Policy Making ◽  
Eu Law ◽  
Eu Policy ◽  
Law And Policy ◽  
Legislative Activities ◽  
Law Making

AbstractThe EU’s openness towards stakeholders is central to the legitimacy of its law-making. With the rapid globalisation of EU legislative activities, openness towards actors from third countries requires analysis. With reference to the notion of ‘lobbying’, this article outlines a framework for identifying the role of third country actors in EU policy processes. The two arguments brought forward suggest that third country lobbying is facilitated by the openness of Union law- and policy-making, and that third country actors contribute to EU decision-making at all stages. The article concludes with a set of questions that third country lobbying raises concerning the EU’s legitimate law-making authority in Europe and beyond.

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

Integrating Ecosystem Management and Environmental Media for Public Policy on Public Health and Safety

2018 ◽  
pp. 321-338
Author(s):  
Augustine Nduka Eneanya
Keyword(s):  
Public Health ◽  
Public Policy ◽  
Decision Making ◽  
Environmental Policy ◽  
Policy Making ◽  
Health And Safety ◽  
Scientific Data ◽  
Scientific Uncertainty ◽  
Public Health And Safety

Over the past three decades, the relationship between ecology and public policy has changed because of the increasing role of scientific uncertainty in environmental policy making. While earlier policy questions might have been solved simply by looking at the scientific technicalities of the issues, the increased role of scientific uncertainty in environmental policy making requires that we re-examine the methods used in decision-making. Previously, policymakers use scientific data to support their decision-making disciplinary boundaries are less useful because uncertain environmental policy problems span the natural sciences, engineering, economics, politics, and ethics. The chapter serves as a bridge integrating environmental ecosystem, media, and justice into policy for public health and safety. The chapter attempts to demonstrate the linkage between the environmental policy from a holistic perspective with the interaction of air, water, land, and human on public health and safety.

Integrating Ecosystem Management and Environmental Media for Public Policy on Public Health and Safety

2021 ◽  
pp. 612-629
Author(s):  
Augustine Nduka Eneanya
Keyword(s):  
Public Health ◽  
Public Policy ◽  
Decision Making ◽  
Environmental Policy ◽  
Policy Making ◽  
Health And Safety ◽  
Scientific Data ◽  
Scientific Uncertainty ◽  
Public Health And Safety

Over the past three decades, the relationship between ecology and public policy has changed because of the increasing role of scientific uncertainty in environmental policy making. While earlier policy questions might have been solved simply by looking at the scientific technicalities of the issues, the increased role of scientific uncertainty in environmental policy making requires that we re-examine the methods used in decision-making. Previously, policymakers use scientific data to support their decision-making disciplinary boundaries are less useful because uncertain environmental policy problems span the natural sciences, engineering, economics, politics, and ethics. The chapter serves as a bridge integrating environmental ecosystem, media, and justice into policy for public health and safety. The chapter attempts to demonstrate the linkage between the environmental policy from a holistic perspective with the interaction of air, water, land, and human on public health and safety.

The rights of people with disabilities

2020 ◽  
pp. 237-248
Author(s):  
Charles O’Mahony ◽  
Shivaun Quinlivan
Keyword(s):  
Social Policy ◽  
Policy Reform ◽  
People With Disabilities ◽  
Policy Reforms ◽  
Persons With Disabilities ◽  
Eu Policy ◽  
Law And Policy ◽  
The Eu

This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CRPD) in driving law and policy reform globally relating to the rights of people with disabilities. By ratifying the CRPD states promise to adopt proactive equality norms and provide positive supports for persons with disabilities. They are also required to involve people with disabilities in the enforcement and implementation of the CRPD. It is thus a valuable tool for those advocating for the realisation of the rights of persons with disabilities that they be treated on an equal basis with others and fully included in society. The potential of the CRPD as a tool for social policy reforms is illustrated with reference to its use to impact EU policy to accelerate the de-institutionalisation and de-segregation of persons with disabilities across the EU.

4. EU Law: Sources, Forms, and Law-Making

2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
Eu Law ◽  
The Rich ◽  
Alternative Decision ◽  
Law Making ◽  
The Eu

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

Better Use of Science for Better EU Regulation

2014 ◽  
Vol 5 (3) ◽  
pp. 314-323 ◽  
Author(s):  
Lorna Schrefler ◽  
Jacques Pelkmans
Keyword(s):  
Policy Making ◽  
Swot Analysis ◽  
Regulatory Regime ◽  
Risk Regulation ◽  
Major Task ◽  
Eu Policy ◽  
Eu Regulation ◽  
Near Future ◽  
The Eu

Risk regulation is a major task of the EU. In this context, scientific knowledge and advice is critical to the preparation, formulation, legislation and later revision of EU risk regulation. However and with some notable exceptions (e.g. some EU Agencies, DG SANCO), there seems to be no systematic view, let alone, organisation for the ‘use of science’ for EU policy–making. It is in this light that the new function of Chief Scientific Advisor (CSA) to the President of the European Commission can best be appreciated. The authors first sketch how ‘science’ is used in the EU regulatory regime and what is or has become problematic about it. Subsequently, an informal SWOT analysis of the ‘use of science’ for EU policy is conducted. The contribution ends with an attempt to evaluate the CSA's accomplishments to date and how it can contribute to improving EU regulation. This is followed by a few recommendations on how the role of the CSA could be strengthened in the near future.

Feminist Perspectives on Foreign Policy

2017 ◽  
Author(s):  
Anne-Marie D'Aoust
Keyword(s):  
Decision Making ◽  
Foreign Policy ◽  
Comparative Politics ◽  
Policy Making ◽  
Gender Mainstreaming ◽  
Foreign Policies ◽  
Decision Making Processes ◽  
Role Of Women ◽  
The Impact

Foreign policy analysis (FPA) deals with the decision-making processes involved in foreign policy-making. As a field of study, FPA overlaps international relations (IR) theory and comparative politics. Studies that take into account either sex, women, or gender contribute to the development of knowledge on and about women in IR, which is in itself one of the goals of feminist scholarship. There are two main spheres of feminist inquiries when it comes to foreign policy: the role of women as sexed power holders involved in decision-making processes and power-sharing in the realm of foreign policy-making, and the role of gendered norms in the conduct and adoption of foreign policies. Many observers insist that feminism and foreign policy are linked only by a marriage of convenience, designed to either acknowledge the political accomplishments of women in the sphere of foreign policy such as Margaret Thatcher and Indira Ghandi, or bring attention to so-called “women’s issues,” such as reproduction rights and population control. Scholarship on women and/or gender in relation to foreign policy covers a wide range of themes, such as the role of women as political actors in decision-making processes and organizational structures; women’s human rights and gender mainstreaming; the impact of various foreign policies on women’s lives; and the concept of human security and the idea of women’s rights as a valid foreign policy objective. Three paradigms that have been explored as part of the study of women in comparative politics and IR are behavioralism, functionalism, and rational choice theory.

Of General Principles and Trojan Horses — Procedural Due Process in Immigration Proceedings under EU Law

2010 ◽  
Vol 11 (9) ◽  
pp. 1006-1024 ◽  
Author(s):  
Jürgen Bast
Keyword(s):  
Decision Making ◽  
Legal Status ◽  
Due Process ◽  
Legal Order ◽  
Fundamental Rights ◽  
Eu Law ◽  
Procedural Due Process ◽  
Scope Of Application ◽  
Legal Position

AbstractThe present paper concerns procedural guarantees in immigration proceedings, thus addressing the broader question of the role of the general principles of EU law in respect of administrative decision-making. The main assertion is that certain requirements of procedural due process are recognized in EU law as fundamental rights. They must therefore be observed by Member State authorities when decisions significantly affecting the legal position of a person are taken, provided that the decision is at least partly determined by EU law. The relevant immigration proceedings involve measures related to the termination of residence as well as decisions related to denial or loss of a particular legal status. In effect, the actual scope of application of the EU's administrative fundamental rights is determined by the actual scope of activity of the European legislator. The author concludes that even a relatively ‘shallow’ harmonization of laws can lead to a ‘deep’ reshaping of the domestic legal order, by becoming a Trojan Horse for fundamental rights heretofore alien to some national immigration regimes.

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