Article 226 TFEU

2019 ◽  
Author(s):  
Paul-John Loewenthal
Keyword(s):  
European Parliament ◽  
Legal Proceedings ◽  
Set Up

Article 193 EC In the course of its duties, the European Parliament may, at the request of a quarter of its component Members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by the Treaties on other institutions or bodies, alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings.

I controlli sulla circolazione dei prodotti alimentari

2009 ◽  
pp. 129-136
Author(s):  
Teresa Babuscio
Keyword(s):  
Control System ◽  
Food Safety ◽  
Key Words ◽  
European Parliament ◽  
European Regulation ◽  
Safety Control ◽  
White Spaces ◽  
Food And Feed ◽  
Set Up

- Food controls are a key issue within the European food safety arena. Since 2002 the legislator is constantly improving the control system in order to better achieve the high safety principles contained in the European regulation n.178 and the network set up in it. Thus, the regulation n. 882/2004 is specifically dedicated to food safety controls: it is the main piece of legislation concerning this aspect as it has been adopted by the co-decisions procedure which involves the European Parliament and the Council. Despite that, it left some "white" spaces to be filled by the implementing measures adopted within the so called comitology procedure in which it is the Commission to act as a co-regulator. The latter is currently implementing art. 15.5. of the regulation n. 882/2004 to set up a system of increased controls for food and feed. Key words: food safety; control system; regulation n. 882/2004.

scholarly journals Pour réussir le bilinguisme judiciaire au Nouveau-Brunswick

2005 ◽  
Vol 24 (1) ◽  
pp. 55-67
Author(s):  
Michel Bastarache
Keyword(s):  
New Brunswick ◽  
The State ◽  
French Language ◽  
Legal Practice ◽  
Legal Proceedings ◽  
Provincial Level ◽  
The Status ◽  
Official Languages ◽  
Set Up ◽  
Legislative Measures

This article outlines the different attempts over the years to secure the status of the French language in legal proceedings in New Brunswick. A 1968 opinion reiterated rulings dating from 1650 and 1784 that English is the applicable language in all proceedings at the provincial level. Subsequent rulings have modified the state of events but in most cases on paper only. In 1980, the New Brunswick Association of Lawyers set up an investigative commitee whose tasks were to identify any inherent problems in the use of French in provincial courts and to find a way of integrating the two official languages into New Brunswick's legal practice with as little animosity as possible. The publication of the committee's report led to new legislative measures assuring the implantation of bilingualism in its provincial courts. Although legislators had hoped for speedier implementation of the measures, it is important to keep in mind the difficult context in which these changes are taking place. A change in attitude is apparently necessary before the transformation is complete.

La inspección ambiental en la Directiva 2010/75/UE del Parlamento Europeo y del Consejo, de 24 de noviembre, de emisiones industriales, y en la normativa española de transposición

2013 ◽  
pp. 291-325
Author(s):  
Lucía CASADO CASADO ◽  
Josep Ramon FUENTES I GASO
Keyword(s):  
Prevention And Control ◽  
European Parliament ◽  
Polluted Soil ◽  
Industrial Emissions ◽  
Different Types ◽  
Set Up ◽  
And Control ◽  
The Impact ◽  
First Time ◽  
Normative Value

LABURPENA: Lan honetan, Europako Parlamentuaren eta Kontseiluaren 2010/75/EB Zuzentarauaren eragina aztertzen da. Horretarako, lehenik eta behin, Zuzentarauaren inguruabarrak eta alderdi azpimarragarrienak adierazten dira, eta, ondoren, ingurumen-ikuskaritzaren araubidean murgiltzen da. Oso gai berria da, ingurumen-ikuskaritzari buruzko gutxieneko araudi bat sortu den lehenengo aldia baita; orain arte, arau-baliorik gabeko Europako gomendio bat besterik ez zegoen. Hain zuzen ere, Estatu kideei gai horretan ezarritako betebeharrak aztertzen dira lanean; instalazioen gaineko ingurumen-ikuskaritzako sistema bat ezartzekoa, eta aurrezarritako ingurumen ikuskaritzako programen oinarrian egongo diren ikuskaritza planak osatzekoa, instalazioak bisitatzeko maiztasuna instalazioaren beraren motaren arabera finkatuta. Era berean, Zuzentaraua Espainiara egokitzeari buruzko oharrak egiten dira, aintzat hartuta orain dela gutxi ekainaren 11ko 5/2013 Legea onartu dela, kutsaduraren prebentzio eta kontrol integratuari buruzko uztailaren 1eko 16/2002 Legea eta hondakinen eta lurzoru kutsatuen gaineko uztailaren 28ko 22/2011 Legea aldatzen dituena. Lege berri horren eta egun izapidetzen ari diren garapen-erregelamenduen bidez, bermatuta geldituko da Zuzentarauaren egokitzea. RESUMEN: Este trabajo analiza el impacto de la Directiva 2010/75/UE del Parlamento Europeo y del Consejo, de 24 de noviembre de 2010, sobre las emisiones industriales en el régimen jurídico de la inspección ambiental. Con este fin, tras realizar una aproximación general a esta Directiva y señalar sus aspectos más destacables, se centra en el examen de la regulación de la inspección ambiental en ella contenida, aspecto muy novedoso por ser la primera vez que se incluye una regulación mínima de la inspección ambiental, que hasta ahora únicamente había sido objeto —a nivel comunitario— de una recomendación sin valor normativo, en una Directiva. Concretamente, se analizan las obligaciones establecidas para los Estados miembros en esta materia, que se traducen principalmente en la obligación de establecer un sistema de inspección medioambiental de las instalaciones y de formular planes de inspección a partir de los cuales se elaborarán programas de inspección medioambiental prefijada, que incluyan la frecuencia de las visitas a los emplazamientos para los distintos tipos de instalaciones. También se realizan algunos apuntes sobre la transposición de esta Directiva en España, teniendo en cuenta que recientemente se ha aprobado la Ley 5/2013, de 11 de junio, por la que se modifican la Ley 16/2002, de 1 de julio, de prevención y control integrados de la contaminación y la Ley 22/2011, de 28 de julio, de residuos y suelos contaminados, que, junto con su reglamento de desarrollo —actualmente en trámite—, garantizará la transposición de la Directiva. ABSTRACT: This study analyses the impact of Directive 2010/75/EU of the European Parliament and the Council, of 24 November 2010, on industrial emissions on the legislation governing environmental inspection. To this end, after providing a general discussion of the Directive and pointing out its most outstanding features, we focus on the regulation of environmental inspection that it contains. This is its most novel feature because it is the first time that a minimal regulation of environmental inspection has been included in a directive (to date, within the community, it had only been the object of a recommendation of no normative value). In particular, our study focuses on the obligations of the member states in this area, which are largely to set up a system by which installations can be environmentally inspected and inspection plans drafted on the basis of which programmes for routine environmental inspection will be drawn up that include the frequency of site visits for different types of installations. Also discussed is the transposition of the Directive in Spain, bearing in mind that Law 5/2013, of 11 June, has recently been passed to modify Law 16/2002, of 1 July, on the integrated prevention and control of pollution, and Law 22/2011, of 28 July on waste and polluted soil which, in conjunction with their regulation for implementation, guarantee the transposition of the Directive.

Article 71 TFEU

2019 ◽  
Author(s):  
Manuel Kellerbauer
Keyword(s):  
European Parliament ◽  
National Parliaments ◽  
Standing Committee ◽  
Member States ◽  
Internal Security ◽  
Set Up

Article 36 TEU A standing committee shall be set up within the Council in order to ensure that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 240, it shall facilitate coordination of the action of Member States’ competent authorities. Representatives of the bodies, offices and agencies of the Union concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings.

5.5 The institutions of the European Community The Treaty of Rome set up a range of institutions to make the European Community function. The number of institutions has steadily increased in the intervening decades and currently some of the most important and relevant for your purposes are: • the European Parliament; • the European Commission; • the Council of Ministers; • the European Court of Justice; • the Court of Auditors; • the European Central Bank (ECB); • the European Investment Bank (EIB) 5.5.5.1 The European Council (now known as the Council of the European Union) This is an important group and is often confused with the Council of Ministers (and of course the name makes it ripe for confusion with the Council of Europe discussed in 5.4.1.1, above, in relation to the ECHR). The Council of the European Union is made up of the heads of government of Member States with representatives from the Commission of the Union. Whilst such a group has been core in the idea of the Community from the beginning it is not part of the legal or executive institutions of the Union. It is purely composed of those with loyalty to the Member State but desiring to forward their own agenda alongside the Union. They meet twice a year or more if necessary and have the power to agree new treaties. What appears to be happening is that the Council of the European Union is exerting increasing power and influence on the policy of the Union whilst standing outside the institutions. 5.5.5.2 The important law making institutions Several institutions within the EC have essential roles in the law making process either as initiators of legislation or with the authority to make law. You will, of course, learn about these in detail in English legal system, EU and public law courses. The main ones are as follows: • the European Parliament; • the European Commission; • the Council of Ministers; • the European Council; • the ECB. These areas will be covered in detail in specific subjects such as English legal system and constitutional law but they will be discussed briefly and sometimes illustrated with tables or diagrams for two reasons: • to provide a quick overview that will hopefully aid reading set texts covering these areas; and

2012 ◽  
pp. 154-154
Keyword(s):  
European Union ◽  
European Commission ◽  
European Community ◽  
Legal System ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
Set Up ◽  
Council Of Ministers ◽  
Law Making

scholarly journals Responding to “populist” politics at EU level: Regulation 1141/2014 and beyond

2019 ◽  
Vol 17 (2) ◽  
pp. 617-640 ◽  
Author(s):  
John Morijn
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
European Parliament ◽  
Political Forces ◽  
Compliance Mechanism ◽  
Political Foundations ◽  
Set Up ◽  
Political Groups ◽  
Considerable Detail ◽  
The Eu

Abstract This article presents and analyzes the EU values compliance mechanism as set up in Regulation 1141/2014, and amended by Regulation 2018/673, on the statute and funding of European political parties and European political foundations. It assesses to what extent this Regulation, that has been perceived and presented as targeting “populists,” provides a comprehensive response to illiberal politics at EU level, and what lessons can be drawn from its origin for the application of other values compliance based instruments such as Article 7 TEU. For that purpose it tracks the Regulation’s drafting history in considerable detail and critically assesses the outcome. It concludes that the Regulation offers a limited and limiting framework to act against illiberal political forces within the European Parliament, because it is unlikely to work in disciplining mainstream political groups and parties that harbor illiberal elements associated with Article 2 TEU-related problems in various member states. At the same time, the article identifies elements of the mechanism that provide opportunities to help shape a more effective EU response to rule of law backsliding across Europe.

scholarly journals Coronavirus Test of the European Union’s Policy on the Rule of Law

2021 ◽  
Vol 6 (1) ◽  
pp. 19-33
Author(s):  
Ákos Bence Gát
Keyword(s):  
Rule Of Law ◽  
European Parliament ◽  
Fundamental Rights ◽  
Political Agenda ◽  
Member States ◽  
The Rule Of Law ◽  
History Of ◽  
Current Article ◽  
Set Up ◽  
The Eu

The issue of the rule of law has been on the European Union’s (EU) agenda since the beginning of the 2010s. The legal history of the EU shows that the EU’s approach to the topic of the rule of law underwent significant changes. Initially, the Member States called for guarantees of fundamental rights in EU institutions. This trend began to change in the late 1990s and early 2000s, when the possibility of European rule of law control over Member States and the predecessor of the current Article 7 of the Treaty on European Union (TEU) were introduced by the Treaty of Amsterdam. However, the idea that the EU institutions can constantly monitor the Member States in the name of the rule of law has only emerged and started dominating the European political agenda since the early 2010s. Over the last decade, the EU institutions have continuously expanded their toolkit for monitoring Member States in this regard.Following calls from some Member States and the European Parliament, in 2014 the Commission set up the new EU framework to strengthen the rule of law. In the same year, the European Council introduced an annual rule of law dialogue. In 2016, the European Parliament proposed the establishment of an annual rule of law report that monitors all Member States. At first, the European Commission was reluctant to accept this idea, but finally it introduced an annual rule of law report in 2020. However, the EU’s policy on the rule of law suffers from fundamental shortcomings, which were especially visible during the first wave of the coronavirus crisis in the spring of 2020. In the pandemic situation, it has become even more apparent that the EU’s policy on the rule of law raises a significant issue of EU institutions exceeding their competences and stands on a questionable legal basis.Criticisms formulated against Hungary during the pandemic have revealed that the EU institutions do not provide sufficient guarantees for an objective examination of the situation of the rule of law in the Member States. The situation brought about by the coronavirus has also raised a number of questions regarding the lawful functioning of EU institutions, which shows the need for a rule of law mechanism capable of verifying that the EU institutions themselves also properly respect the rule of law.

scholarly journals Het Conflict van de Westelijke Sahara : Een Muur van Zand en Een Muur van Stilte

Afrika Focus ◽  
1986 ◽  
Vol 2 (3-4) ◽  
pp. 251-272
Author(s):  
door Geert Cordier
Keyword(s):  
Public Opinion ◽  
European Parliament ◽  
Northern Africa ◽  
Major Step ◽  
Regional Context ◽  
Western Sahara ◽  
Set Up

The Conflict of the Western Sahara: A Wall of Sand and a Wall of Silence. For more than a decade the Saharawi people have been fighting for their independence, first against the Spanish colonialists then against Morocco and Mauretania. Although Mauretania has withdrawn from the conflict, the POLISARIO-front, the liberation organisation of the Saharawi people, remains at war with Morocco. The Western Sahara, thus still forms a pole of tension in Northern Africa but the European Press does not pay it much attention. However committees to support the Saharawi people have been trying to break clown this wall of silence. An “intergroupe de solidarité avec le peuple sahraoui”, set up in the European parliament in May 1986, may constitute a major step towards mobilizing public opinion on the Saharawi case. This article, which gives a chronology of the conflict in its regional context, seeks to contribute to a better understanding of the problems of the Saharawi.

scholarly journals The Conflict of the Western Sahara: a Wall of Sand and a Wall of Silence

Afrika Focus ◽  
1986 ◽  
Vol 2 (3-4) ◽  
Author(s):  
Geert Cordier
Keyword(s):  
Public Opinion ◽  
European Parliament ◽  
Northern Africa ◽  
Major Step ◽  
Regional Context ◽  
Western Sahara ◽  
Set Up

For more than a decade the Saharawi people have been fighting for their independence, first against the Spanish colonialists then against Morocco and Mauretania. Although Mauretania has withdrawn from the conflict, the POLISARIO-front, the liberation organisation of the Saharawi people, remains at war with Morocco. The Western Sahara, thus still forms a pole of tension in Northern Africa but the European Press does not pay it much attention. However committees to support the Saharawi people have been trying to break down this wall of silence. An "intergroupe de solidarité avec le peuple sahraoui", set up in the European parliament in May 1986, may constitute a major step towards mobilizing public opinion on the Saharawi case. This article, which gives a chronology of the conflict in its regional context, seeks to contribute to a better understanding of the problems of the Saharawi. KEYWORDS : liberation war, Morocco, occupation, POLISARIO, Western Sahara 

2. The Union Institutions

2021 ◽  
pp. 41-70
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
Court Of Justice ◽  
Set Up ◽  
Council Of Ministers ◽  
Advisory Bodies

This chapter considers the main institutions of the European Union and their principal features, such as appointment, tasks, duties, and developments. These institutions include the Commission; the Council (of Ministers) of the European Union; the European Council; the European Parliament; the Court of Justice of the European Union; the Union’s advisory bodies; and other Union bodies. The chapter also considers Union financing. The chapter explains the changes to the original institution set-up, established over 60 years ago, which has been expanded and complicated quite considerably since, and also introduces the interrelationships of the institutions, in particular between the Council of Ministers and the European Parliament.

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