3. Transfer of powers, competences, and law-making

Author(s):  
Nigel Foster

This chapter examines the division of competence and the transfer of powers from member states to the European Union (EU) in relation to the law-making process. It explains that the transfer of powers is designed to provide EU institutions with law-making powers to enable the EU to carry out its duties. The chapter highlights shifting dynamics in the policy-making procedures of the EU, particularly the balance between the legitimacy of the European Parliament and the legislative superiority of the Council of Ministers. It also discusses the participation of the institutions in the legislative process and the law-making principles and procedures.

2020 ◽  
pp. 67-99
Author(s):  
Nigel Foster

This chapter examines the division of competence and the transfer of powers from member states to the European Union (EU) in relation to the law-making process. It explains that the transfer of powers is designed to provide EU institutions with law-making powers to enable the EU to carry out its duties. The chapter highlights shifting dynamics in the policy-making procedures of the EU, particularly the balance between the legitimacy of the European Parliament and the legislative superiority of the Council of Ministers. It also discusses the participation of the institutions in the legislative process and the law-making principles and procedures.


2020 ◽  
pp. 53-88
Author(s):  
Marios Costa ◽  
Steve Peers

This chapter examines the lawmaking powers of the European Union (EU) in the context of its Treaties. It explains that the EU has the competence to make law of various types (including secondary legislation, soft law, delegated acts and implementing acts) in a broad range of areas and that the amendments to the lawmaking procedures have affected the institutional balance, giving an increased role to the European Parliament. It discusses the changes made to improve the level of democracy at EU level, to address concerns that EU law-making has a ‘democratic deficit’ and lacks transparency and proportionality. The chapter also considers the different aspects of EU competence, describes the lawmaking process and sources of EU law and also addresses questions concerning the determination of exclusive, shared and concurrent competence, particularly in the context of subsidiarity. Furthermore, it examines the rules on the EU adopting legislation without all Member States participating (closer cooperation).


Author(s):  
Petr YAKOVLEV

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.


Author(s):  
Neil Parpworth

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.


Author(s):  
Neil Parpworth

This chapter has three aims. It first briefly considers the origins of the what is now the European Union (EU). Secondly, it discusses the institutions of the Union, the European Council, the Council of Ministers, the European Commission, the European Parliament, and the Court of Justice of the EU and General Court. The nature and functions of these bodies is considered. Thirdly, the chapter indicates the nature of institutional reforms which have occurred following the ratification of the Lisbon Treaty.


Author(s):  
Katrin Auel

The role and position of national parliaments in European Union (EU) affairs have undergone a long, slow, and sometimes rocky, but overall rather remarkable, development. Long regarded as the victims of the integration process, they have continuously strengthened their institutional prerogatives and have become more actively involved in EU affairs. Since the Lisbon Treaty, national parliaments even have a formal and direct role in the European legislative process, namely, as guardians of the EU’s subsidiarity principle via the so-called early warning system. To what extent institutional provisions at the national or the European level provide national parliaments with effective means of influencing EU politics is still a largely open question. On the one hand, national parliaments still differ with regard to their institutional prerogatives and actual engagement in EU politics. On the other hand, the complex decision-making system of the EU, with its multitude of actors involved, makes it difficult to trace outcomes back to the influence of specific actors. Yet it is precisely this opacity of the EU policymaking process that has led to an emphasis on the parliamentary communication function and the way national parliaments can contribute to the democratic legitimacy of the EU by making EU political decisions and processes more accessible and transparent for the citizens. This deliberative aspect is also often emphasized in approaches to the role of national parliaments in the EU that challenge the territorially defined, standard account of parliamentary representation. Taking the multilevel character of the EU as well as the high degree of political and economic interdependence between the member states into account, parliamentary representation is conceptualized as extending beyond the nation-state and as shared across the EU, with a strong emphasis on the links between parliaments through inter-parliamentary cooperation and communication as well as on the representation of other member states’ citizens interests and concerns in parliamentary debates. Empirical research is still scarce, but existing studies provide evidence for the development of an increasingly dense web of formal and informal interactions between parliaments and for changes in the way national parliamentarians represent citizens in EU affairs.


2020 ◽  
pp. 77-88
Author(s):  
Nikolay Kaveshnikov ◽  

The article explores the evolution of decision-making procedures and their use in the EU as one of the parameters of integration depth. The study used a database of secondary legislation covering 1990-2019. The final empirical data consists of 5,427 documents, including 1,272 directives and 4,155 regulations. The research empirically confirmed the increase in the frequency of procedures application that envisage a more active participation of the European Parliament in the legislative process. At the same time, the authorreveals that a significant part of secondary legislation is still adopted by the Council without the EPinvolvement. An important difference in the use of adaptation procedures of directives and regulations has been identified; working hypotheses about the reasons for such differences have been formulated.


IG ◽  
2020 ◽  
Vol 43 (2) ◽  
pp. 85-100
Author(s):  
Nicolai von Ondarza

The Brexit negotiations constituted unchartered political and institutional territory for the European Union (EU). This analysis shows how a new institutional approach enabled the EU-27 to present an unusually united front. The “Barnier method” is characterised by five elements: a strong political mandate from the European Council, a single EU negotiator based in the European Commission in the person of Michel Barnier, very close coordination with the Member States and the European Parliament, and a high degree of transparency. Lessons can also be drawn from this for the next phase of the Brexit negotiations and the EU’s relations with other third countries.


Author(s):  
Andrii Martynov

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.


Author(s):  
Julien Berger

Citizenship as a Commodity – of Golden Passports and the European Union “Golden passport” schemes are increasingly gaining popularity around the world. Meanwhile, this trend has also reached the European Union. It now threatens to lead to a partial commercialisation of both national citizenship and the European citizenship. This contribution examines the evolution of national citizenship law through “golden passports” and addresses the question of the compatibility of such programs with the law of the European Union. It thereby reveals the difficulty of reconciling the sovereignty of member states in matters of nationality with the principle of sincere cooperation in the EU.


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