The Community Courts and Openness Within the European Union

1999 ◽  
Vol 2 ◽  
pp. 19-30
Author(s):  
Hans Ragnemalm
Keyword(s):  
European Union ◽  
Popular Sovereignty ◽  
The European Union ◽  
Public Power ◽  
The People ◽  
The Right ◽  
Community Courts

Government by the people presupposes that citizens are fully aware of public matters and properly informed. Nowadays, this is well understood and increasingly accepted. However, there is still disagreement as to how citizens are to check their government and what the limits of such control should be. In my view, it is essential that this scrutiny is generally available to all citizens and that it is provided in binding legal terms, the application of which is subject to legal appeal. However, a less stringent standard of scrutiny is often provided. Indeed, confusion between concepts is patent in this field and overshadows what is really at issue—the recognition of a fundamental right for citizens, which forms a basis for the exercise of several other rights. The right of citizens to review the exercise of public power is ultimately the foundation of both the principle of democracy and popular sovereignty.

The Community Courts and Openness Within the European Union

1999 ◽  
Vol 2 ◽  
pp. 19-30 ◽  
Author(s):  
Hans Ragnemalm
Keyword(s):  
European Union ◽  
Popular Sovereignty ◽  
The European Union ◽  
Public Power ◽  
The People ◽  
The Right ◽  
Community Courts

Government by the people presupposes that citizens are fully aware of public matters and properly informed. Nowadays, this is well understood and increasingly accepted. However, there is still disagreement as to how citizens are to check their government and what the limits of such control should be. In my view, it is essential that this scrutiny is generally available to all citizens and that it is provided in binding legal terms, the application of which is subject to legal appeal. However, a less stringent standard of scrutiny is often provided. Indeed, confusion between concepts is patent in this field and overshadows what is really at issue—the recognition of a fundamental right for citizens, which forms a basis for the exercise of several other rights. The right of citizens to review the exercise of public power is ultimately the foundation of both the principle of democracy and popular sovereignty.

scholarly journals The Right for Regional Integration Organisations to Protect Democracy: Legitimacy at the Regional Level?

2016 ◽  
Vol 6 (1) ◽  
pp. 28-47
Author(s):  
Katrin Nyman-Metcalf ◽  
Ioannis Papageorgiou
Keyword(s):  
European Union ◽  
Regional Integration ◽  
Economic Cooperation ◽  
Regional Level ◽  
The European Union ◽  
Effective Application ◽  
The People ◽  
Enforcement Mechanisms ◽  
The Right ◽  
National Governments

AbstractRecently there have been several examples of different regional integration systems intervening to prevent unconstitutional events. The interventions can be based on explicit powers or be developed in response to events. This happens despite most regional integration systems having economic cooperation rather than explicit democratisation aims. Organs that issue laws or take constraining decisions must have a clear right to do this and a basis for exercising power-in other words, be legitimate. Where legitimacy comes from is debated, but as most countries today are democracies or purport to be, it somehow emanates from the people. National governments have a higher degree of legitimacy than regional integration organisations, possibly except the European Union. Regional integration organisations have to prove their legitimacy. The article examines if, to what extent, and on what basis regional integration systems have the right to exercise an independent role on the global stage. Legitimacy is a precondition for effective application of decisions of the organisation. Given the frequent lack of strong enforcement mechanisms, the question of legitimacy becomes even more important. With strong legitimacy, decisions taken by the regional integration organisation will be followed to a large extent even despite absence of effective enforcement mechanisms.

scholarly journals Destituent power in the European Union: On the limits of a negativistic logic of constitutional politics

2018 ◽  
Vol 15 (1) ◽  
pp. 82-99 ◽  
Author(s):  
Markus Patberg
Keyword(s):  
European Union ◽  
Popular Sovereignty ◽  
Constitutional Change ◽  
Euro Crisis ◽  
The European Union ◽  
Constituent Power ◽  
Constitutional Politics ◽  
Protest Movements ◽  
Progressive Reforms ◽  
The Right

Since the euro crisis, protest movements present the European Union as a neoliberal hegemony that undermines democracy and prevents progressive reforms. They call for acts of resistance and partial disintegration to force a renegotiation of the treaties. In this article, I ask whether these ‘disruptive’ political strategies can be defended as a democratic practice of constitutional politics. To that end, I turn to the notion of destituent power, according to which opposition to or withdrawal from public authority can function as a legitimate trigger for constitutional change. I systematise the emerging debate on destituent power and discuss the plausibility of competing approaches. I argue that destituent power is best understood as grounded in popular sovereignty. It denotes the right to dismantle constitutional orders without the intention to construct new ones. While this idea supports some of the acts of contestation proposed by European protest movements, it faces a lure towards the jurisgenerative dimension of constituent power. Ultimately, the potential of a purely negativistic logic of constitutional politics is limited.

scholarly journals The Rise of Right-Wing Extremism in European Union

2015 ◽  
Vol 17 (1) ◽  
pp. 43-57
Author(s):  
Ljupcho Stevkovski
Keyword(s):  
European Union ◽  
Young People ◽  
Economic Crisis ◽  
Living Standards ◽  
Radical Right ◽  
Right Wing ◽  
The European Union ◽  
Balkan Countries ◽  
The Right ◽  
Right Wing Extremism

It is a fact that in the European Union there is a strengthening of right-wing extremism, radical right movement, populism and nationalism. The consequences of the economic crisis, such as a decline in living standards, losing of jobs, rising unemployment especially among young people, undoubtedly goes in favor of strengthening the right-wing extremism. In the research, forms of manifestation will be covered of this dangerous phenomenon and response of the institutions. Western Balkan countries, as a result of right-wing extremism, are especially sensitive region on possible consequences that might occur, since there are several unresolved political problems, which can very easily turn into a new cycle of conflicts, if European integration processes get delayed indefinitely.

Jungtinių Tautų ir Europos Sąjungos tikslinės finansinės ribojamosios priemonės: poreikis užtikrinti teisę į teisingą procesą

2021 ◽  
Author(s):  
◽  
Viltė Kristina Steponėnaitė
Keyword(s):  
European Union ◽  
United Nations ◽  
Fair Trial ◽  
The European Union ◽  
The United Nations ◽  
The Right ◽  
Restrictive Measures

Targeted financial restrictive measures of the United Nations and the European Union: necessity to ensure the right to a fair trial

The Right to Healthcare in the Common European Asylum System

2018 ◽  
Vol 20 (2) ◽  
pp. 135-156
Author(s):  
Marco Inglese
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
European Convention ◽  
Undocumented Migrants ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
Interpretative Approach ◽  
The Right

Abstract This article seeks to ascertain the role of healthcare in the Common European Asylum System (CEAS). The article is structured as follows. First, it outlines the international conceptualisation of healthcare in the International Covenant of Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC) before delving into the European Convention on Human Rights (ECHR). Second, focusing on the European Union (EU), it analyses the role of Article 35 of the Charter of Fundamental Rights of the European Union (the Charter) in order to verify its impact on the development of the CEAS. Third, and in conclusion, it will argue that the identification of the role of healthcare in the CEAS should be understood in light of the Charter’s scope of application. This interpretative approach will be beneficial for asylum seekers and undocumented migrants, as well as for the Member States (MSs).

scholarly journals Ευθανασία: Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης

Bioethica ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Αλεξάνδρα Κοζαμάνη (Alexandra Kozamani)
Keyword(s):  
European Union ◽  
End Of Life ◽  
The Other ◽  
Self Determination ◽  
Healthcare Personnel ◽  
The European Union ◽  
Other Hand ◽  
Receive Treatment ◽  
The Right

Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.

scholarly journals Comentarios a la propuesta del Parlamento Europeo y del Consejo del certificado verde digital. Protección de datos sanitarios y análisis ético jurídico

Bioderecho.es ◽  
2021 ◽  
Author(s):  
Gloria María González Suárez
Keyword(s):  
European Union ◽  
European Commission ◽  
Health Data ◽  
Current Situation ◽  
Point Of View ◽  
Free Movement ◽  
The European Union ◽  
Legal Questions ◽  
Ethical Point ◽  
The Right

Con motivo de la situación actual a la que nos enfrentamos por la pandemia de la COVID-19 se ha planteado en diversas ocasiones la implantación de un certificado verde digital. El 17 de marzo de 2021 la Comisión Europea presentó una propuesta de creación del certificado con el fin de facilitar el ejercicio del derecho a la libre circulación dentro de la Unión Europea durante la pandemia. Todo ello plantea diversas cuestiones jurídicas en cuanto a la protección de datos sanitarios, el derecho a la libre circulación y la eficacia y proporcionalidad de medidas que deben ser objeto de análisis tanto desde el punto de vista jurídico como del punto de vista ético ya que, en ciertas ocasiones la aplicación de medidas puede afectar al derecho a la igualdad de los ciudadanos. Due to the current situation we are facing due to the COVID-19 pandemic, the implementation of a digital green certificate has been proposed on several occasions. On March 17, 2021, the European Commission presented a proposal to create the certificate in order to facilitate the exercise of the right of free movement within the European Union during the pandemic. All this raises various legal questions regarding the protection of health data, the right of free movement and the efficacy and proportionality of measures that must be analyzed from both the legal and ethical point of view since, on certain occasions the application of measures may affect the right of equality of citizens.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

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