scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

scholarly journals AN OVER VIEW OF ALTERNATE DISPUTE RESOLUTION FROM THE CONTRACTUAL PERSPECTIVE IN EUROPE

2021 ◽  
pp. 19-25
Author(s):  
Asif Khan ◽  
Ali Raza Ansari ◽  
Nishan-E-Hyder Soomro ◽  
Ahmed Arafa
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Time Saving ◽  
The Subject ◽  
The Right ◽  
Alternate Dispute Resolution ◽  
Insight Into ◽  
Shed Light ◽  
The Eu

The Alternative Dispute Resolution ("ADR") is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties stunningly through the help of independent professionals and renowned personalities. Today the role of the ADR is more important, and the number of agreements with ADR is increasing. One of the reasons for this development is that the ADR is usually more efficient and time-saving compared to normal justice delivering procedures. The current paper examines the most popular techniques for the solution of alternative disputes within the EU, through mediation. This paper associates ADR development and the European Law Legislative International Trade Conciliation (2002) along with other Laws and ADR services, such as ICC and different Laws related to the services. It then conjointly makes comparisons between the bound “member state” MS Courts to observe problems concerning ADR. Additionally, it recognizes the ADR in the light of the right to valid remedy (European Union Principles). To administer a deep insight into the subject, the paper describes additionally the ADR origin, its features, and relevance. Hence, this paper will shed light on the issues faced by parties in ADR concerning agreements and shall thereby, provide a solution to overcome the same.

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

10. EU Legislation

2018 ◽  
Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson
Keyword(s):  
Direct Access ◽  
Legislative Process ◽  
House Of Commons ◽  
National Parliaments ◽  
Eu Legislation ◽  
House Of Lords ◽  
The Government ◽  
The Uk ◽  
The Eu

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.

The Agri-Environment Regulation EU 2078/92: The Role of the European Commission in Policy Shaping and Setting

1998 ◽  
Vol 16 (1) ◽  
pp. 51-68 ◽  
Author(s):  
A Jones ◽  
J R A Clark
Keyword(s):  
European Commission ◽  
Agricultural Policy ◽  
Policy Network ◽  
Policy Area ◽  
Environmental Considerations ◽  
Council Regulation ◽  
Policy Communities ◽  
Environment Regulation ◽  
The Eu

We examine the role of the European Commission in the formulation and negotiation of a Council regulation on agri-environmental policy (EU 2078/92). We show how this regulation was shaped largely by political opportunism and financial and administrative realities, rather than by stringent environmental considerations and targets, We also reveal how the debate over EU 2078/92 has been dominated by only a few actors at supranational and national levels, and identify the key role played by the European Commission at all stages of the progress of the regulation through the route ways of the European Union's (EU) decisionmaking process. Of further interest is the way in which well-established agricultural policy communities have attempted to keep a tight rein on the development of the regulation in order to prevent this new policy area from being infiltrated by nonagricultural interests. For such interests, the regulation provided an opportunity to penetrate the long-established policy network surrounding agriculture in the EU.

Communicating with the European Composite Administration

2014 ◽  
Vol 15 (5) ◽  
pp. 883-906 ◽  
Author(s):  
Jane Reichel
Keyword(s):  
International Organizations ◽  
The European Union ◽  
Member States ◽  
Judicial Control ◽  
Court Of Justice ◽  
Union Citizenship ◽  
The Individual ◽  
The Right ◽  
The Eu

One of the reasons for introducing a “Union” citizenship in the 1993 Maastricht Treaty was to provide a direct channel between the citizens of the Member States and the EU. In contrast to many other international organizations, the role of the individual has been central to the European project since its inception. In its famous 1962 judgment given inVan Gend en Loos,1 the Court of Justice of the European Union (CJEU) underscored the importance of the “vigilance of individuals concerned” seeking to protect their European rights in the new legal order through judicial control.2 The right to directly vote on the representatives of the European Parliament had already been introduced in the 1970s. The citizens of the Member States were thus equipped with two classic forms of political participation even prior to the introduction of Union citizenship: law making and the legal adjudication of individual cases. Nonetheless, whether these channels are sufficient to guarantee the citizens effective democratic means to influence legislation and exercise control of EU institutions in the rather complex multilevel legal system of the EU has been continuously debated.

scholarly journals Preparation of a Legislative Proposal in the Multilingual Legal System of the European Union

2016 ◽  
Vol 45 (1) ◽  
pp. 37-50
Author(s):  
Anna Doliwa-Klepacka
Keyword(s):  
European Union ◽  
Legal System ◽  
The European Union ◽  
Language Version ◽  
Eu Member States ◽  
Legislative Proposal ◽  
Official Languages ◽  
The Right ◽  
Right Of Access ◽  
The Eu

Abstract The principle of multilingualism in the legal system of the European Union is one of the key elements that guarantees, among others, the right of access to EU legislation. It is particularly important not only in the sphere of the direct application of the EU law, but also in the sphere of access to information during the lawmaking procedures at the EU institutions. A special case is, however, a stage of preparing a draft legislative proposal by the European Commission. The EU member states agree to limit the use of official language version to the working documents for “working” languages of the Commission, i.e. English, French and German. In practice, English and French are the most widely used languages for the working arrangements in the preparation of the draft legislation, mainly due to costs of the necessary translations and an effectiveness of this stage. This article presents a course of the stage of the drafting a legislative proposal by the Commission and illustrates the scope of work partly exempted from the obligation to ensure the full application of the principle of equivalence of all the official languages of the European Union.

scholarly journals Roma Expulsions and Discrimination: The Elephant in Brussels

2011 ◽  
Vol 13 (4) ◽  
pp. 361-388 ◽  
Author(s):  
Helen O’Nions
Keyword(s):  
Human Rights ◽  
European Commission ◽  
Political Institutions ◽  
Western Europe ◽  
The Political ◽  
Full Participation ◽  
The Eu

Abstract This article will critically examine the treatment of migrant Roma in Western Europe, particularly Italy and France, in the light of the obligations under the EU Citizenship Directive 2004/38. The role of the political institutions will be considered, especially the European Commission, who have yet to take a decisive position on the Roma expulsions and on the wider issue of Roma discrimination in Europe. It is argued that the focus on non-discrimination cannot address the entrenched inequality which characterises the Roma’s situation in Europe. Furthermore, that the comparative disadvantage experienced by Europe’s Roma communities constitutes a major human rights crisis which has so far been sidelined by Brussels. A European strategy is urgently required, which demands leadership from the Commission and the full participation of Roma representatives.

scholarly journals The Political Role of the European Court of Justice: How the EU Institutional Thresholds Shield the Integrationist Power of the Court

2019 ◽  
pp. 195-212
Author(s):  
Roberto Reyes Izquierdo
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Legislative Process ◽  
The European Union ◽  
Political Role ◽  
Fundamental Factor ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

The aim of this paper is to analyse how the European Court of Justice (ECJ) has been a fundamental factor in the integration process of the European Union, in spite of the obstacles posed by the intergovernmental dynamics that have traditionally hindered the construction of a stronger, cohesive and more integrated Europe. Important principles such as direct effect or supremacy of EU law have been developed through ECJ rulings and case law, even when such principles were not literally foreseen in the foundational Treaties. Therefore, this paper argues that the role and power of the Court as an “indirect law-maker” have been essential for the construction of the European Union, and this has been possible due to the complexities and weaknesses of the legislative process involving the three main decision-makers: the Commission, the Council of the EU, and the European Parliament.

scholarly journals The Theory of the Hun Origin in Contemporary Bulgaria

2020 ◽  
Vol 65 (4) ◽  
pp. 1245-1258
Author(s):  
Evgenii A. Koloskov ◽  
Keyword(s):  
Ethnic Origin ◽  
Far Right ◽  
Political Issues ◽  
Political Reality ◽  
National Minorities ◽  
History Of ◽  
The Right ◽  
Usable Past ◽  
The Eu

The article is devoted to the history of the formation and transformation of the theory of the Huns in contemporary Bulgaria through the prism of the political history of the country from the beginning of the debate about the origin of Bulgarians up to present day. The article examines how political reality impacted the processes of shaping scholarly and educational images, i.e. constructing a “convenient” usable past by the Bulgarian academic and non-academic circles. The main aspect in the study is related to the question of various interpretations of the ethnic origin of the Bulgars, the Huns and the role of the Slavic factor in the ethnogenesis of the contemporary Bulgarians. The milestones of the difficult history of Bulgaria and changes in political regimes have become the reasons for rejecting “Slavic” origin or, in some case, returning to it depending on external and internal circumstances. Today the Hun theory in all its variations and interpretations lies outside the professional scope of academic circles but is becoming the domain for various marginals. However, increasing activity of the right and the far-right in the politics of Europe capitalizing on the 2015 refugee crisis might return to the mainstream of official academic discourse the theory of the Hun The upcoming challenges of foreign policy (Euro-skepticism, ambitious projects outside the EU framework) and internal political issues (the question of national minorities) may also have a significant impact on this issue.

scholarly journals PLANNING OF THE LEGISLATIVE ACTIVITY AND ITS IMPORTANCE IN THE IMPROVEMENT OF LEGISLATION AND THE LEGISLATIVE PROCESS OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
pp. 28-35
Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva
Keyword(s):  
Practical Interest ◽  
Legislative Process ◽  
Information Transparency ◽  
Legislative Initiative ◽  
Legislative Activity ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Legislative Activities

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.

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