7. Legislative Powers

2021 ◽  
pp. 227-268
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
The European Union ◽  
Sovereign State ◽  
Legislative Power ◽  
Constitutional Principle ◽  
Legislative Procedures

This chapter addresses what the legislative powers of the European Union are, and what types of procedures are legislative procedures. It begins by analysing the scope of the Union's legislative competences. This scope is limited, as the Union is not a sovereign State. The chapter then looks at the different categories of Union competences. Depending on what competence category is involved, the Union will enjoy distinct degrees of legislative power. The chapter also considers the identity of the Union legislator. Various legislative procedures thereby determine how the Union must exercise its legislative competences. Finally, the chapter scrutinizes the principle of subsidiarity as a constitutional principle that controls the exercise of the Union's shared legislative powers.

7. Legislative Powers

2021 ◽  
pp. 227-268
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
The European Union ◽  
Sovereign State ◽  
Legislative Power ◽  
Constitutional Principle ◽  
Legislative Procedures

This chapter addresses what the legislative powers of the European Union are, and what types of procedures are legislative procedures. It begins by analysing the scope of the Union’s legislative competences. This scope is limited, as the Union is not a sovereign State. The chapter then looks at the different categories of Union competences. Depending on what competence category is involved, the Union will enjoy distinct degrees of legislative power. The chapter also considers the identity of the Union legislator. Various legislative procedures thereby determine how the Union must exercise its legislative competences. Finally, the chapter scrutinizes the principle of subsidiarity as a constitutional principle that controls the exercise of the Union’s shared legislative powers.

2. Union Legislation

2020 ◽  
pp. 37-60
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
International Agreements ◽  
The European Union ◽  
European Legislation ◽  
Constitutional Principle ◽  
Legislative Procedures ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Procedural Rights ◽  
The Eu

This chapter examines how the European Union institutions cooperate in the creation of European legislation. Unlike many national legal orders, the EU Treaties expressly distinguish two types of legislative procedures: an ordinary legislative procedure and special legislative procedures. According to the ordinary legislative procedure, the European Parliament and the Council act as co-legislators with symmetric procedural rights. European legislation is here seen as the product of a ‘joint adoption’ by both institutions. Meanwhile, the defining characteristic of the special legislative procedures is that they abandon the institutional equality between the Parliament and the Council. The chapter then looks at the principle of subsidiarity—an EU constitutional principle that was designed to prevent the EU legislator from exercising its competences where the Member States would be able to achieve the desirable social aim themselves. It also considers the procedure for the conclusion of international agreements.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

Use of OSS by Local E-Administration

2011 ◽  
pp. 428-444
Author(s):  
Laurence Favier ◽  
Joël Mekhantar
Keyword(s):  
European Union ◽  
State Level ◽  
Free Software ◽  
Public Private Partnerships ◽  
State Agencies ◽  
The European Union ◽  
Constitutional Principle ◽  
Open Standards ◽  
Four Levels ◽  
Definition Of

This chapter deals with the integration of OSS in local and territorial e-administration and its relations with the state level in France. France includes both many local collectivities: (36,568 local collectivities) on four levels (local, departmental, regional, and central) and a centralized State. The policies defined in France and promoted by initiatives from the European Union are leading to the definition of a normative framework intended to promote interoperability between information systems, the use of free software and open standards, public-private partnerships, development of know-how and abilities. These policies are applicable to State agencies but are not required for local and regional collectives because of the constitutional principle of administrative freedom. The chapter shows how the integration of all administrative levels can be operated in an e-administration framework OSS based, often coexisting with proprietary software. The legal, political, and technical (III) frameworks of such integration are presented.

9. EU law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Maastricht Treaty ◽  
Eu Law ◽  
The European Union ◽  
Legislative Power ◽  
Treaty Of Amsterdam ◽  
The Relationship ◽  
Direct Applicability ◽  
The Eu

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.

14. The European Union

2017 ◽  
Author(s):  
Berthold Rittberger
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Legal Rules ◽  
Constitutional Order ◽  
Constitutional Principle ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

This chapter examines how the European Union acquired distinctive constitution-like features. It begins with a discussion of three routes to constitutionalization: the first is through changes in the EU's primary law; the second focuses on ‘in between’ constitutionalization; and the third leads directly to the European Court of Justice and its jurisprudence. The chapter proceeds by discussing two developments that have shaped the EU constitutional order almost since the beginning: the emergence of a body of EU law constituting a set of higher-order legal rules, and the consolidation of the constitutional principle of representative democracy. It explains how the supremacy and direct effect of EU law, as well as the EU court's concern with the protection of fundamental rights, helped transform the EU into a constitutional polity. It also considers how the extension of the legislative, budgetary, and other powers of the European Parliament animated the constitutional principle.

5. The European Union legal system

2021 ◽  
pp. 108-139
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal System ◽  
Soft Law ◽  
The European Union ◽  
Legislative Procedures ◽  
System P ◽  
The Eu

This chapter discusses the EU system’s sources of law covering: primary legislation, secondary Union legislation and other sources of law, including ‘soft law’. It also discusses the legislative procedures, decision-making procedure of the Commission and legislative powers and implied powers. The chapter concludes with a discussion on the application of the principle of subsidiarity and proportionality.

scholarly journals Legislative Activity and Gridlock in the European Union

2014 ◽  
Vol 45 (3) ◽  
pp. 477-499 ◽  
Author(s):  
Christophe Crombez ◽  
Simon Hix
Keyword(s):  
European Union ◽  
Policy Making ◽  
Majority Voting ◽  
The Political ◽  
The European Union ◽  
Political Actors ◽  
Legislative Procedures ◽  
Qualified Majority ◽  
Two Factors ◽  
Legislative Activity

This article develops a game-theoretical model of European Union (EU) policy making that suggests that the amount of legislative activity depends on the size of the gridlock interval. This is consistent with Krehbiel's study of US politics. This interval depends on two factors: (1) the preference configuration of the political actors and (2) the legislative procedures used in a particular period. Actors’ preferences and procedures are not expected to have any effect beyond their impact on the gridlock interval. The study predicts smaller gridlock intervals, and thus more legislative activity, under the co-decision (consultation) procedure when the pivotal member states and the European Parliament (Commission) are closer to each other. More activity is expected under qualified majority voting in the Council than under unanimity. The results find support for these propositions in an empirical analysis of EU legislative activity between 1979 and 2009.

POSSIBLE LEGAL REGULATIONS ON REGIONALIZATION IN ROMANIA

2016 ◽  
Vol 2 (2) ◽  
pp. 86-93
Author(s):  
Doina Popescu Ljungholm
Keyword(s):  
European Union ◽  
Local Autonomy ◽  
Legal Regulations ◽  
The European Union ◽  
Local Authorities ◽  
Economic Context ◽  
Constitutional Principle ◽  
European Culture ◽  
Regional System

In the present study I have in view the fulfillment of the regionalizing process by retrospection to the four processes in the European Union, but also on the regionalization made by France and Poland, from which Romania could take some important outlines so as to legislate, implicitly by reforming the Constitution, the most preformat possible regional system for the country, in the present social and economic context, as a normal consequence of democratic devotion. I suggested the defining of the new regional local authorities, their responsibilities, the relations that will be stated in the relations with the existing local authorities, in relation with the central ones, their number, so as to lead to the unitary development, as much as possible, of all the regions. The dedication of decentralization as a constitutional principle comes to show our vocation and affiliation to the European culture values and the standards foreseen by the Local Autonomy Charta.

Sign in / Sign up

Export Citation Format

Share Document