scholarly journals Out of Time? National Parliaments and Early Decision-Making in the European Union

2014 ◽  
Vol 50 (2) ◽  
pp. 240-270 ◽  
Author(s):  
Mads Dagnis Jensen ◽  
Dorte Martinsen
Keyword(s):  
Decision Making ◽  
The European Union ◽  
National Parliaments ◽  
Early Decision ◽  
The Uk ◽  
Council Of Ministers ◽  
National Governments ◽  
The Eu

Co-decisions between the Council of Ministers and the European Parliament are increasingly adopted as early agreements. Recent EU studies have pinpointed how this informal turn in EU governance has altered the existing balance of power between EU actors and within EU institutions. However, the implications of accelerated EU decision-making are expected to have repercussions beyond the EU system and in other institutions impinging on the role of national parliaments. This study examines the implications of an alteration of EU political time on national parliaments’ ability to scrutinize their executives in EU affairs. A mixed method approach has been applied. This strategy combines survey data on national parliaments’ scrutiny process and response to early agreements for 26 EU countries with a case study examination of national parliaments in Denmark, the UK and Germany. The burgeoning research agenda on EU timescapes is applied. This study finds that the clocks of most national parliaments are out of time with the EU decision-mode of early agreements, which severely hampers the national parliaments’ ability to scrutinize national governments.

The Democratic Deficit of the European Union: Towards Closer Cooperation between the European Parliament and the National Parliaments

1994 ◽  
Vol 29 (3) ◽  
pp. 299-314 ◽  
Author(s):  
Karlheinz Neunreither
Keyword(s):  
Decision Making ◽  
European Union ◽  
Democratic Deficit ◽  
Central Authority ◽  
The European Union ◽  
National Parliaments ◽  
Definition Of ◽  
National Governments ◽  
Democratic Norms ◽  
The Eu

During Recent Years, The Notion of The Democratic deficit has become, together with subsidiarity, or transparency, one of the most popdar subjects for conferences on European Union. While almost everyone seems to agree that a democratic deficit exists, it is far from certain that there is a general understanding of what is meant by it.The most radical meaning would be that the European Union (EU) as such is undemocratic and that its decision-making does not correspond to democratic norms. Quite often when national governments have to explain unpopular decisions of the EU, responsibility for these uncomfortable situations is attributed to a faceless monster, the ‘Brussels bureaucracy’. The assumption is that a very strong central authority exists which embodies the power of decision-making and that democratic accountability of this central authority either does not exist or at least is not sufficiently guaranteed. In other words, the EU institutional system does not comply with democratic norms. This is by far the most extreme definition of a democratic deficit.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

Knowledge-Intensive Entrepreneurship in the Economy of the European Union

2014 ◽  
pp. 43-52
Author(s):  
G. Olevsky
Keyword(s):  
Decision Making ◽  
Knowledge Production ◽  
The European Union ◽  
Quality Of Information ◽  
The Matrix ◽  
Knowledge Intensive ◽  
Knowledge Intensive Entrepreneurship ◽  
The Eu

The article studies role of knowledge in business and analyzes tendencies of the formation of knowledge-intensive entrepreneurship (business) in the EU. It is shown that for small and medium-sized enterprises prospects of expansion of knowledge production and sales of products and services are associated with the internationalization of business. The author proposes the matrix of decision-making entrepreneurs, depending on the completeness and quality of information at their disposal on the market.

Integration-Led Capitalism in the EU

2019 ◽  
pp. 142-186
Author(s):  
Thomas Kalinowski
Keyword(s):  
European Union ◽  
European Monetary Union ◽  
Distinct Form ◽  
The European Union ◽  
Regional Dynamics ◽  
Political Economies ◽  
National Governments ◽  
Global Economic Governance ◽  
The Eu

The global role of the European Union and its position in the trilemma triangle differ substantially from the global–hegemonic approach pursued by US finance-led capitalism. This chapter first explores the historical choices that countries in Europe made after the collapse of the BWS and the internal, regional dynamics of an emerging integration-led euro capitalism. We show that the EU (and until 1992 the European Economic Community) developed a distinct regional solution for the challenges of globalization with the creation of the single market and the European Monetary Union. This growth model is based economically on a specific European complementary specialization production system and politically on a distinct form of euro-corporatism. This does not mean that national governments and national political economies have become irrelevant, but rather that there is a convergence towards a common EU position when it comes to global economic governance.

10. EU Legislation

2018 ◽  
Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson
Keyword(s):  
Direct Access ◽  
Legislative Process ◽  
House Of Commons ◽  
National Parliaments ◽  
Eu Legislation ◽  
House Of Lords ◽  
The Government ◽  
The Uk ◽  
The Eu

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.

Part I Regulatory Structure, 3 European Financial Services

2018 ◽  
Author(s):  
Walker George ◽  
Purves Robert ◽  
Blair Michael
Keyword(s):  
Financial Services ◽  
Primary Sources ◽  
Banking Union ◽  
The European Union ◽  
Regulatory Structure ◽  
European Court ◽  
Treaty Of Rome ◽  
The Uk ◽  
Council Of Ministers ◽  
The Eu

This chapter examines the evolution of the European Union' financial services law and its impact on the development of financial services law in the UK, as it stands at the end of 2016, six months after the EU referendum. It first describes the evolving role and functions of the EU institutions, namely: the Council of Ministers, the European Commission, the European Court of Justice, and the European Parliament. It then considers the primary sources of EU law, including treaties, and the effects of the various changes in the Treaty of Rome. It also discusses the establishment of the single market in financial services and the moves to establish a banking union. Finally, it analyses the substantive financial services measures that have been adopted in the EU since the 1970s.

scholarly journals The Limited Role of the European Union in the Management and Governance of the COVID-19 Pandemic

2021 ◽  
Vol 18 (3) ◽  
pp. 482-506
Author(s):  
Joelle Grogan
Keyword(s):  
Rule Of Law ◽  
Stress Test ◽  
The European Union ◽  
Health Crisis ◽  
Eu Member States ◽  
States Of Emergency ◽  
National Governments ◽  
The Impact ◽  
The Eu

Abstract Building on two global Symposia hosted by the Verfassungsblog and convened by the author, the 2020 “COVID-19 and States of Emergency” and the 2021 “Power and the COVID-19 Pandemic”, in addition to the findings of the Democracy Reporting International ‘Rule of Law Stress Test’ which surveyed EU Member States’ responses to the pandemic, this article investigates the impact of the pandemic on governance and legal systems within the EU, and evaluates the actions taken by EU institutions and national governments in response to the health crisis against the standards of the rule of law.

scholarly journals Stumbling Towards the UK’s New Administrative Settlement: A Study of Competition Law Enforcement After Brexit

2018 ◽  
Vol 20 ◽  
pp. 233-251
Author(s):  
Joe TOMLINSON ◽  
Liza LOVDAHL GORMSEN
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Three Dimensions ◽  
Trade Offs ◽  
Key Dimensions ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

AbstractWhile there has been much talk of the role of parliaments and courts in the Brexit process, far less—indeed very little—has been said about the challenges facing the largest part of the UK government: the administrative branch. Whatever results from the UK’s negotiations with the EU, Brexit will likely necessitate wide-ranging and fast-paced administrative reform in the UK. In this article, we use a detailed case study of a particular part of administration—the Competition and Markets Authority (‘CMA’)—to highlight the nature and extent of the challenges facing administrative agencies. This case study is demonstrative as, while there is an extant UK competition administration structure, competition law and its enforcement are highly Europeanised. We propose that the challenges facing administrative bodies in the UK—including the CMA—can be understood as possessing three key dimensions: internal organisation issues; external coordination issues; and substantive legal issues. We argue that, in many instances, these three dimensions will be in tension which each other. That is to say, the reality of reforming administration post-Brexit will involve trade-offs between questions of internal organisation, external coordination, and substantive law.

35. Trade mark registration

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Trade Mark ◽  
The European Union ◽  
Trade Marks ◽  
The Uk ◽  
Trade Mark Registration ◽  
The Eu

This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.

13. Europeanization and Member State Institutions

2020 ◽  
pp. 301-330
Author(s):  
Hussein Kassim ◽  
Vanessa Buth
Keyword(s):  
Member State ◽  
The European Union ◽  
National Parliaments ◽  
State Institutions ◽  
Legal Traditions ◽  
National Courts ◽  
Eu Membership ◽  
National Governments ◽  
The Impact ◽  
The Eu

This chapter examines the impact of Europeanization on member state institutions. Membership in the European Union imposes a variety of constraints and burdens on countries, but it also affords important opportunities and makes available significant resources. Integration initially reinforced the decline of national legislatures, but they have fought back in the last decade. National courts have assumed new functions and become part of a wider Community of law. At the same, the precise effects of the EU have varied cross-nationally as the demands of membership have interacted with differing constitutional arrangements, legal traditions, and political cultures. Moreover, national institutions such as governments, parliaments, and courts have left their mark on the EU and determine to a large extent the capacities of the Union as a system. The chapter considers how EU membership has affected national governments, national parliaments, and national courts.

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