Between parliamentary control and the rule of law: the political role of the Ombudsman in the European Union¹

2003 ◽  
Vol 10 (5) ◽  
pp. 677-694 ◽  
Author(s):  
Paul Magnette
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
The Political ◽  
The European Union ◽  
The Rule Of Law ◽  
Political Role

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals Austrian Constitution - general aspects

2018 ◽  
pp. 75-83
Author(s):  
OLGA-ANDREEA URDA
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Law ◽  
General Aspects ◽  
The Comparative Study ◽  
Point Of Reference

The present article aims at presenting the Austrian fundamental law with the highlighting of some essential aspects regarding the exercise of the legislative, executive and judicial powers, the institutional particularities and, last but not least, the evolution of the regulation that was generated generated by the state's accession to the European Union. Constitutional control is another aspect that we have focused into the study, considering the important role of the Constitutional Court in the rule of law. The conducted analysis has significant valences, especially in the context in which it can signify a point of reference in the comparative study of constitutional regulations

THE POLITICAL FRONTIERS OF EUROPE AS A CIVIL SOCIETY: J. HABERMAS’ REJECTION OF A EUROPEAN VOLK AND M. FOUCAULT'S BALANCE OF POWER AS PROTECTIONS AGAINST EUROPEAN NATION‐STATE

2008 ◽  
Vol 1 (2) ◽  
pp. 186-198 ◽  
Author(s):  
Machiel Karskens
Keyword(s):  
European Union ◽  
Civil Society ◽  
Rule Of Law ◽  
Balance Of Power ◽  
The Political ◽  
The European Union ◽  
The Rule Of Law ◽  
European Institutions ◽  
The World ◽  
The Ideal

With the help of J. Habermas and M. Foucault, it is argued that the idea of Europe is, first of all, the ideal of an unlimited civil society. Human rights, the rule of law and the legal European institutions are its political backbone. The European Union itself is somehow the realization of this ideal conception of a borderless, unlimited society. It is argued that the European Union in this respect is a heterotopia within the bordered and sovereign member states themselves. Seen from the outside, however, and in the world of geopolitics, Europe is a political power with closed borders and excluding frontiers. In this respect the European Union is a continuation of the old European Balance of Power.

The Constitutional Court and Others in Romanian Constitutionalism – 25 Years After

ICL Journal ◽  
2017 ◽  
Vol 11 (4) ◽  
Author(s):  
Bianca Selejan-Guțan
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
The Rule Of Law ◽  
Actual Role ◽  
Central Elements ◽  
Constitutional System ◽  
Critical Overview

AbstractThe current Romanian constitutional system, established in 1991, has undergone numerous formal and informal developments in the last 25 years. The main issues that arose in the decade since the country’s adhesion to the European Union were the respect for the rule of law, independence of the judiciary and the fight against corruption. In this context, the Constitutional Court has been one of the central elements of the rule of law guarantee in Romania. This paper intends to present a critical overview of the actual role of the Constitutional Court in the Romanian constitutional system, in the different contexts that link the Court with ‘others’, ie mainly with State powers (the Court itself being and independent organ, placed outside the judicial power).

Corporate Direct Taxation in the European Union: Explaining the Policy Process

1995 ◽  
Vol 15 (2) ◽  
pp. 153-181 ◽  
Author(s):  
Claudio M. Radaelli
Keyword(s):  
European Union ◽  
Policy Change ◽  
Policy Process ◽  
The Political ◽  
The European Union ◽  
Direct Taxation ◽  
Political Role ◽  
Taxation Policy ◽  
Policy Types

ABSTRACTThe author presents an empirical study of the direct corporate taxation policy process in the European Union. The study links three public policy literatures that are usually considered somewhat distinct and independent: the literature on the politics of tax reform, the literature on policy change and the political role of knowledge, and the literature on European integration. The examination of these literatures leads to a series of hypotheses which are used for addressing the analysis of the policy process. The conclusions assess the hypotheses and draw implications for the study of knowledge utilisation, policy change, and policy types.

A Hard Law Approach to States Systemic Violations of Article 2 of the Treaty of the European Union

2020 ◽  
pp. 363-380 ◽  
Author(s):  
Miguel Poiares Maduro ◽  
Benedita Menezes Queiroz
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
National Level ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
The Eu

The rule of law is under threat in the European Union. Systemic violations of fundamental rights are affecting the rule of law, democracy, and judicial independence in some Member States and consequently the EU legal order. The level of interdependence between the Member States and the EU legal order is such that systemic violations of those principles in the Member States end up impacting on EU compliance with the same principles. Article 7 TEU did not prove, however, to be the most effective tool to face these problems due to its political nature. The EU’s intervention in the form of infringement actions to safeguard the rule of law at the national level may be a suitable action to address some these serious violations of fundamental rights. Despite of the earlier hesitation to take a bolder action in this regard, the EU Commission, after the Court of Justice’s recent decisions in Associação Sindical dos Juízes Portuguese and LM, brought infringement proceedings against Poland challenging this country reforms that put into question the independence of its judiciary. The Court established its power of judicial review over the rule of law in the Member States in C-619/18 Commission v Poland. Ultimately, this decision highlighted the role of EU law in safeguarding the rule of law in its Member States, but more importantly in safeguarding the rule of law in the EU legal order as a whole.

scholarly journals Strengthening the Role of National Parliaments in the European Union – What for and How?

2019 ◽  
Vol 59 (1) ◽  
pp. 123-142 ◽  
Author(s):  
Maciej Perkowski ◽  
Jakub A. Farhan
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
National Parliaments ◽  
The Rule Of Law ◽  
Limited Role ◽  
The Asymmetry

Abstract In the debate on the European Union’s problems, the concept of “democracy deficit” has been present from its very beginning. This term is applied in a quite vast manner and, apart from the asymmetry of the relation between the European Parliament and the Council, it also concerns the overly limited role of national parliaments in the European Union. In this regard, inadequacy in the national position of individual parliaments is observed. On the other hand, it is necessary to emphasise their uneven activity on their European aspirations. At the time when the European dispute on the rule of law in Poland has polarized attitudes and language in statements on both sides – despite irresponsible trends – it is worth to examine the participation of national parliaments (including the Polish parliament) in the European inter-parliamentary dialogue and, consequently, to determine whether and how its constructive impact on the European Union and its law functions.

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