Resolving Controversy in the European Union: Legislative Decision-Making before and after Enlargement

2012 ◽  
Vol 35 (4) ◽  
pp. 942-943
Author(s):  
Heike Klüver
2019 ◽  
Vol 21 (1) ◽  
pp. 152-172 ◽  
Author(s):  
Narisong Huhe ◽  
Daniel Naurin ◽  
Robert Thomson

We assess the impact of the United Kingdom’s 2016 decision to leave the European Union on the Council of the European Union, where Brexit is likely to have the clearest observable implications. Using concepts and models from the spatial model of politics and network analysis, we formulate and test expectations regarding the effects of Brexit. We examine two of the most prominent datasets on recent decision-making in the European Union, which include data on cooperation networks among member states before and after the 2016 referendum. Our findings identify some of the political challenges that Brexit will bring, but also highlight the factors that are already helping the European Union’s remaining member states to adapt to Brexit.


2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister

<p>On 14 January 2014, for the first time in its history, the German Federal Constitutional Court (FCC) decided to refer a decision to the Court of Justice of the European Union (CJEU). This referral, which concerned the issue of the legality of the European Central Bank’s bond-buying practices, must be seen as “historic” with regard to European integration and the relationship between European Union law and German constitutional law, forming part of important decisions of the FCC in this field since its first euro-critical judgment, Solange I, 40 years ago. Considering the high influence the German Federal Constitutional Court has had on the process of European integration, this paper aims at identifying and critiquing the lines of argumentation developed by the FCC in recent years in the field of European integration and decision-making before and after the Lisbon judgment in 2009, paying particular attention to the currently suspended OMT Decision proceedings in order to answer the question if a shift in the jurisprudence of the FCC from a euro-sceptical to a euro-phile approach has taken place.</p>


2012 ◽  
Vol 19 (4) ◽  
pp. 604-622 ◽  
Author(s):  
Robert Thomson ◽  
Javier Arregui ◽  
Dirk Leuffen ◽  
Rory Costello ◽  
James Cross ◽  
...  

2013 ◽  
Vol 36 (6) ◽  
pp. 1121-1127 ◽  
Author(s):  
Madeleine Hosli ◽  
Amie Kreppel ◽  
Běla Plechanovová ◽  
Amy Verdun

2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister

<p>On 14 January 2014, for the first time in its history, the German Federal Constitutional Court (FCC) decided to refer a decision to the Court of Justice of the European Union (CJEU). This referral, which concerned the issue of the legality of the European Central Bank’s bond-buying practices, must be seen as “historic” with regard to European integration and the relationship between European Union law and German constitutional law, forming part of important decisions of the FCC in this field since its first euro-critical judgment, Solange I, 40 years ago. Considering the high influence the German Federal Constitutional Court has had on the process of European integration, this paper aims at identifying and critiquing the lines of argumentation developed by the FCC in recent years in the field of European integration and decision-making before and after the Lisbon judgment in 2009, paying particular attention to the currently suspended OMT Decision proceedings in order to answer the question if a shift in the jurisprudence of the FCC from a euro-sceptical to a euro-phile approach has taken place.</p>


2021 ◽  
pp. 78-105
Author(s):  
Uwe Puetter

The Council is an institution of day-to-day policymaking in which the interests of member state governments are represented by cabinet ministers who meet, according to their policy portfolio, in different Council configurations and within the Eurogroup. According to the Treaty of Lisbon, the Council has a dual mandate. It acts as a legislative organ as well as an executive and policy-coordinating institution. This dual role is reflected in the organization and meeting practices of the different Council configurations. Those groupings of ministers dealing primarily with executive decisions and policy coordination tend to meet more often and are regarded as being more senior than those formations of the Council which engage predominantly in legislative decision-making. As a legislative institution, the Council has increasingly acquired features of an upper chamber in a bicameral separation of powers system, working in tandem with the European Parliament. In contrast, Council decision-making relating to executive issues and policy coordination in important policy domains, such as economic governance and foreign policy, is closely aligned with the European Council. In these areas, the Council can be considered to constitute, together with the Commission, a collective EU executive.


2019 ◽  
Vol 67 (4) ◽  
pp. 1053-1071 ◽  
Author(s):  
Corrado Fumagalli

In this article, I argue that the experimentalist model of democracy can contribute to contemporary disputes about deliberation at the supranational level. The fundamental idea is that, in conditions of disagreement, for a decision to be legitimate, deliberative decision-making processes must be structured so as to allow the inclusion of affected interests before and after voting. I argue that there are three ways for a decision to be illegitimate: exclusion of affected interests from all deliberative phases, Captain Hook politics and garbage-time politics. Captain Hook politics and garbage-time politics illuminate an important variable: in a deliberative process, some interests may enter deliberation too early, other interests too late. However, for a decision to be legitimate, it is not only important that all affected interests can have an influence on collectively binding decisions, but it is also important what moment in time such interests play a part in the deliberative process.


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.


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