CONTEMPORARY CHALLENGES OF TRANSNATIONAL DEMOCRACY: THE EUROPEAN CITIZENSHIP BETWEEN THE INDIVIDUAL LEGAL ACTIONS IN THE LISBON TREATY AND THE REINFORCEMENT OF THE INDIVIDUAL RIGHTS INSIDE THE EUROPEAN UNION - 10.12818/P.0304-2340.2017V71P23

2017 ◽  
Vol 71 ◽  
Author(s):  
Alice Caputo
Keyword(s):  
European Union ◽  
Lisbon Treaty ◽  
Individual Rights ◽  
The European Union ◽  
European Citizenship ◽  
The Individual ◽  
Transnational Democracy

scholarly journals THE PROBLEM OF THE "DEFICIT OF DEMOCRACY" AND ITS OVERCOMING IN THE EUROPEAN UNION

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Sofiia Vovk ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
National Level ◽  
Lisbon Treaty ◽  
Democratic Deficit ◽  
The European Union ◽  
European Citizenship ◽  
Legislative Proposals ◽  
Institutional System ◽  
The Eu

The article analyzes the approaches to the interpretation of the term "democracy deficit", which takes place in the modern European discourse of integration. It is concluded that in the framework of the first approach, the "deficit of democracy" is linked to the problem of the legitimacy of decisions taken by the "pan-European center". As part of the second with a number of distortions that are prone to a democratic form of government in developed democracies. The causes and conditions of the "democracy deficit" are considered. The peculiarities of legal instruments of citizens' influence on the functioning of the European Union and the problem of the "democracy deficit" at the present stage of its development are considered. The reasons and conditions of "deficit of democracy" emerged, ways of solving this problem were analyzed. The particularities of legal instruments of citizens’ influence on the functioning of European Union and the problem of «democratic deficit» at the modern stage of its development. It is emphasized in the article, that the problem of «democratic deficit» remains a key problem of the EU institutional system and EU decision-making. Legal amendments of the EU founding treaties were provided to minimize the problem of «democratic deficit». The most important changes were determined with the Lisbon Treaty, which fixed several effective legal remedies. For instance, the legislative power of the European Parliament as the unique legitimist institution elected directly by citizens was increased. Changes included the change in calculating such a majority to a new double majority based on in the principle of representation of citizens in the Council of Ministers. The Treaty of Lisbon expanded the role of Member States’ parliaments in the legislative processes of the EU by giving them a prior scrutiny of legislative proposals before the Council and the Parliament can take a position and some control powers. One of the major innovations introduced by the Lisbon Treaty and aims at involving citizens more closely in agenda-setting at EU level is the European citizens’ initiative. The specific character of the EU institutional system and lack of some legal mechanisms of citizens’ participation in the process of EU decision-making, similar to those of national level, demonstrates the existence of the problem of «democratic deficit». Nevertheless modern legislation of EU proves that there is no ground to make a conclusion about weakness of political scope of the European citizenship.

5. The Supremacy of EU Law

2019 ◽  
pp. 140-167
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union, as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

5. The Supremacy of EU Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Rights Protection ◽  
The Individual ◽  
The Uk ◽  
The Eu

This chapter examines the supremacy of EU law from both the point of view of the Union as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty

2014 ◽  
Vol 16 ◽  
pp. 335-345
Author(s):  
Paolo Mengozzi
Keyword(s):  
European Union ◽  
Legal Order ◽  
Lisbon Treaty ◽  
Individual Rights ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Principle Of Proportionality ◽  
Judicial Protection

AbstractThe aim of this chapter is to illustrate how the principle of proportionality as derived from the legal orders of the Member States has been incorporated in the legal order of the European Union as well as codified in the Treaties. The chapter revolves around two key arguments. It emphasises, first, that the principle of proportionality has been used as a criterion for controlling the legality of the acts of the Union and of those of the Member States when implementing Union law. Secondly, it is argued that, more recently, the same principle has been used by the Court of Justice of the European Union as a useful instrument towards ensuring an even stronger coordination with national judges.

5. The Supremacy of EU Law

2021 ◽  
pp. 141-165
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Point Of View ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Rights Protection ◽  
Court Of Justice ◽  
The Individual

This chapter examines the supremacy of EU law from both the point of view of the Union, as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only in so far as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions.

scholarly journals Los procesos secesionistas y el derecho europeo

2016 ◽  
pp. 347
Author(s):  
Javier Tajadura Tejada
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Constitutional Law ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
European Citizenship ◽  
Regional Authorities

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

scholarly journals The competences of European Union institutions in the trade policy (Lisbon Treaty)

2010 ◽  
Author(s):  
Margareta Timbur
Keyword(s):  
European Union ◽  
Trade Policy ◽  
Lisbon Treaty ◽  
International Negotiation ◽  
The European Union ◽  
External Relations ◽  
The Common ◽  
The Right ◽  
Common Trade ◽  
The Impact

The European Union is the best known at the world’s leading trade power and the common trade policy is the core of EU external relations. The events of the last years and the extension of the EU to 27 member proved that the functioning system could no longer continue and was requiring a new institutional framework. The Lisbon Treaty was the right solution. It purposes are to bring changes for the citizens, institutions, external relations foe the consolidation of democracy in EU. This paper attempts to provide an overview of the major revisions introduced by the Treaty of Lisbon regarding the trade policy. Also, it analyses the extension and clarification of EU competence, the greater role of the European Parliament and the inclusion of investment policy in trade policy, the voting rules in trade area and the international negotiation of trade agreements. The study describes, as well, the impact of Lisbon Treaty implementation on the MS which are independent nations, but without power of decision in the common trade policy.

The competence of the European Union in the field of consumer protection after the reform of the Lisbon Treaty

2021 ◽  
pp. 204-206
Author(s):  
Saglar Sergeevna ASHTAEVA ◽  
Victoria Mikhailovna Romadikova ◽  
Nina Viktorovna TSUGLAEVA ◽  
Anastasia Radionovna KIM ◽  
Badma Alekseevich TYURBEEV
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Lisbon Treaty ◽  
The European Union

Fundamental Rights Protection between Strasbourg and Luxembourg

2018 ◽  
Author(s):  
Katalin Ligeti
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Grand Chamber

Since long before the entry into force of the Charter of Fundamental Rights of the European Union (CFREU), the two highest courts in Europe, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have sought to develop their respective jurisprudence in such a way as to ensure a strong protection of individual rights, whilst avoiding clashes between the decisions taken in Luxembourg and Strasbourg. An important statement in this regard is provided by the Bosphorus judgment, in which the Grand Chamber of the ECtHR recognised the existence of a presumption of equivalent protection of fundamental rights under EU law. The presumption is rebuttable, but expresses the trustful attitude (and a certain degree of deference) of Strasbourg towards the ability of EU law (and of the CJEU) to protect Convention rights.

Sign in / Sign up

Export Citation Format

Share Document