The Law-making Procedure

2021 ◽  
pp. 70-150
Author(s):  
Caroline Heber
Keyword(s):  
General Question ◽  
Legislative Process ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
European Institutions ◽  
Subsidiarity Principle ◽  
The Law ◽  
Competence Framework ◽  
Law Making

This chapter is dedicated to the law-making process, which is predominantly procedural. The first part (subsections B and C) of this chapter reveals the involvement of the European institutions, namely the European Commission, the European Parliament, and the Council and their respective, distinct roles within the legislative process. The second part (subsection D) analyses the requirement protecting the uniformity of European law, namely the last resort nature of enhanced cooperation. The third part (subsection E) explores ways for non-participating Member States to enter into enhanced cooperation, and ways in which participating Member States may leave the group. The last part (subsections F and G) of this chapter is dedicated to a more general question, the question of legislative power. Since the constitutional framework of enhanced cooperation only sets out the authorisation process for a group of Member States to use both the European institutions and the power of the European Union, the question of which laws can be enacted under the enhanced cooperation procedure, in particular with respect to the scope and content, depends on the ordinary competence framework. This part of the study provides an analysis of both the European internal market competence and the subsidiarity principle, and subsequently reveals what the Member States can accomplish in European taxation.

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

2020 ◽  
pp. 67-99
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Policy Making ◽  
European Parliament ◽  
Legislative Process ◽  
The European Union ◽  
Member States ◽  
The Law ◽  
Council Of Ministers ◽  
Law Making ◽  
The Eu

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.

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

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Policy Making ◽  
European Parliament ◽  
Legislative Process ◽  
The European Union ◽  
Member States ◽  
The Law ◽  
Council Of Ministers ◽  
Law Making ◽  
The Eu

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.

scholarly journals The effect of the establishment and application of European law in Poland – selected theoretical issues

2020 ◽  
Vol 2020 (56) ◽  
pp. 171-182
Author(s):  
Jacek Zaleśny
Keyword(s):  
Legal Order ◽  
European Law ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
International Obligations ◽  
The Law ◽  
Polish Law ◽  
The Eu

The article is focused on the effect of the establishment and application the European Union law in Poland immediately after 2004. By becoming the law binding in Poland (and other member states of the EU), the EU law effected significant changes in the sphere of law creation and application. Traditionally, in the national legal order, the law of the highest force is the constitution, while in accordance with the EU legal order, the regulations of the European law are superior in their application in the territory of the member states, including the regulations of the constitution. The present analysis explains how the dilemma of the simultaneous superiority of the regulations of the constitution and the regulations of the EU law was solved in Poland and what importance is attributed to the concept of favourable interpretation of the national law and the EU law. The present paper poses the hypothesis that the model of reconciling the regulations of the Polish law and the regulations of the European law developed in Poland immediately after 2004 was correctly established. It contributes well to Poland meeting international obligations, at the same time respecting the superior position of the constitution.

scholarly journals The Values of the EU and their Protection in the European Law

2020 ◽  
Vol 100 (7) ◽  
pp. 37-45
Author(s):  
Stanislav Kuvaldin ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
European Institutions ◽  
History Of ◽  
National Governments ◽  
The Eu

Article 7 of the Treaty on the European Union envisages a mechanism for responding to breaching by Member States the values of democracy, equality, the rule of law and human rights proclaimed by the Union, as well as the introduction of sanctions. Nevertheless, the EU structures are extremely cautious about this mechanism, despite the reasons for its application. The article analyzes the history of this clause in European legislation and the first attempts to influence dubious decisions of the Member States. The author explores the cases of Poland and Hungary in light of discussions to initiate the Article 7 procedures against these countries. It is concluded that such an outcome is unlikely. It is highlighted that the clause was deliberately formulated so that it allows to limit the actions of European institutions, to leave decisions in the hands of national governments and to provide an opportunity to settle the disput through negotiations. The author explores the internal discussions of alternative ways to influence values-violating Member States.

scholarly journals Towards peace in Europe: on legal linguistics, prosperity and European identity – the European Reference Language System for the European Union

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Claus Luttermann ◽  
Karin Luttermann
Keyword(s):  
European Union ◽  
Mother Tongue ◽  
Well Being ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Language System ◽  
Subsidiarity Principle ◽  
The Face ◽  
Official Languages

Abstract The European Union is a legal community of hundreds of millions of people, established in a single market through European law. This is tied to language and translation into 24 official languages, each with equally authentic status. However, this leads to considerable legal differences between Member States and underscores the dominance of English, at the Court of Justice that of French (monolingualism), both of which have no legal foundation. Rule-of-law order (Rechtsstaatlichkeit) is created by the European Reference Language System (Europäisches Referenzsprachensystem), which is presented here as a tool for the urgently required reform of the language laws in the European Union: Not having a hegemonial focus on a single language (and thus on a single legal world) or on the exclusivity of some few languages, it offers a legal-linguistic basis of communication with all treaty languages of the European Union for a clear European law and prosperity. The official languages of the Member States thus preserve the mother tongue reality of the citizens in the sense of the subsidiarity principle (multilingualism). In this way, the citizens and their Union acquire a legally valid voice and identity. This seems necessary in the face of the present restructuring of the world, in order to maintain peace for the people in Europe and to continue promoting their well-being. The basis is legal linguistics (Rechtslinguistik).

scholarly journals Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

2003 ◽  
pp. 117-135
Author(s):  
Jovan Arandjelovic
Keyword(s):  
Decision Making ◽  
Crucial Role ◽  
European Law ◽  
The Road ◽  
European Institutions ◽  
Democratic State ◽  
The Law ◽  
Sense Of Justice ◽  
New Criteria

The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

How to Find European Law – a Basic Introduction

2009 ◽  
Vol 9 (2) ◽  
pp. 89-99 ◽  
Keyword(s):  
European Union ◽  
Information Management ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Legal Information ◽  
Law Making

AbstractThis article by John Furlong is an updated and revised version of an article originally authored by John Furlong and Susan Doe and published in Legal Information Management 2006, 6(2) Summer 2006 and covers in some detail the basic sources for researching European Union law. It also gives some background on the growth of the European Union and its law making.

Like Ancient Beacons: The European Union and the International Criminal Court – Reflections from afar on a Chapter of European Foreign Policy

2004 ◽  
Vol 5 (12) ◽  
pp. 1449-1467 ◽  
Author(s):  
Alexandra Kemmerer
Keyword(s):  
Human Rights ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
European Law ◽  
The European Union ◽  
Human Rights Law ◽  
The Law ◽  
Human Rights Norms

That the Law is never frozen in time and space is quite a trivial insight – but one, however, that is nonetheless particularly true for the area of international human rights law and the jurisdiction to see human rights norms respected and enforced. No less is it true for international criminal law and European law. It is, of course, true at the intersection of these three fields of the law as well, exactly the place I intend to explore in this paper. And, as we shall see, poetry, that rarely unveiled subtext of the law, is never steady in its foundations.

National Parliaments and the European Union

2019 ◽  
Author(s):  
Katrin Auel
Keyword(s):  
European Union ◽  
Effective Means ◽  
Democratic Legitimacy ◽  
Legislative Process ◽  
The European Union ◽  
National Parliaments ◽  
Direct Role ◽  
Member States ◽  
The Eu ◽  
The Way

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.

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