scholarly journals Ieškinių dėl ES teisės aktų panaikinimo naujovės pagal Lisabonos sutartį

Teisė ◽  
2010 ◽  
Vol 75 ◽  
pp. 67-80 ◽  
Author(s):  
Agnė Limantė
Keyword(s):  
European Union ◽  
European Council ◽  
The European Union ◽  
National Parliaments ◽  
Member States ◽  
Locus Standi ◽  
Points Of View

Šiame straipsnyje tiriamas Lisabonos sutartimi įtvirtintas Sutarties dėl Europos Sąjungos veikimo 263 straipsnis ir iš jo kylantys ieškinių dėl panaikinimo priimtinumo sąlygų pasikeitimai. Tyrimo metu nu­statyta, kad jis, palyginti su anksčiau galiojusia EB sutartimi, įveda keletą naujovių. Pirma, išplečiamas institucijų, kurių aktai gali būti peržiūrimi, sąrašas, antra, Regionų komitetas priskiriamas prie kvazipri­vilegijuotų ieškovų, galinčių ginti savo prerogatyvas, o nacionaliniams teismams suteikiama tam tikra teisė ginčyti ES teisės aktus subsidiarumo principo kontekste, ir, trečia, išplečiama privačių subjektų lo­cus standi. Būtent pastarajam klausimui skiriama daugiausia dėmesio – straipsnyje itin plačiai ana­lizuojama, kaip pakito privačių subjektų locus standi ginčijant ES teisės aktus ir ar tai išsprendžia su ankstesne straipsnio redakcija sietas teisės į veiksmingą teisminę gynybą problemas. This article analyses changes in relation to the action for annulment under Treaty on the Functi­oning of the European Union (TFEU). Having examined Article 263 TFEU, the author concludes that it introduces several changes. Firstly, Court’s jurisdiction is extended to cover acts of the European Council, Union bodies, offices and agencies which are intended to produce legal effects. Secondly, the Committee of Regions acquired status of semi-privileged applicant to bring actions for annulment for the purposes of protecting its prerogatives, while national parliaments (through the Member States) were granted certain standing in annulment proceedings on subsidiary grounds. Thirdly, locus standi of private applicants is extended. This third change is given a special attention in the article and author discusses it from various points of view.

scholarly journals The EU after Brexit: Key Geopolitical and Geo-Economic Challenges

2020 ◽  
pp. 30-44 ◽  
Author(s):  
Petr YAKOVLEV
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
European Council ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Before And After ◽  
Union History ◽  
The Eu

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.

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.

scholarly journals Die „Methode Barnier“ – Lehren aus der Verhandlungsführung der EU beim Brexit

IG ◽  
2020 ◽  
Vol 43 (2) ◽  
pp. 85-100
Author(s):  
Nicolai von Ondarza
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
European Council ◽  
The European Union ◽  
Member States ◽  
Institutional Approach ◽  
Five Elements ◽  
High Degree ◽  
The Eu

The Brexit negotiations constituted unchartered political and institutional territory for the European Union (EU). This analysis shows how a new institutional approach enabled the EU-27 to present an unusually united front. The “Barnier method” is characterised by five elements: a strong political mandate from the European Council, a single EU negotiator based in the European Commission in the person of Michel Barnier, very close coordination with the Member States and the European Parliament, and a high degree of transparency. Lessons can also be drawn from this for the next phase of the Brexit negotiations and the EU’s relations with other third countries.

scholarly journals The political system of European Union after European Parliament Election of 2019

2019 ◽  
pp. 15-30
Author(s):  
Andrii Martynov
Keyword(s):  
European Union ◽  
European Integration ◽  
Political System ◽  
European Parliament ◽  
The Political ◽  
The European Union ◽  
National Parliaments ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.

scholarly journals The European Council and the national executives: segmentation, consolidation and legitimation

2012 ◽  
Vol 8 (2) ◽  
pp. 165-171
Author(s):  
DN ◽  
JHR ◽  
TV
Keyword(s):  
Decision Making ◽  
European Union ◽  
European Council ◽  
The European Union ◽  
Integration Process ◽  
National Parliaments ◽  
National Courts ◽  
Research Activities ◽  
Court Of Justice ◽  
Scholarly Attention

Of the three branches of government traditionally distinguished since Montesquieu, two have received ample scholarly attention in their relation with the European Union. A plethora of books and articles have been written on the role and position of national courts and national parliaments in Europe. As to the former, the interaction of national courts with the Court of Justice of the European Union is still massively researched. As to the latter, it has been thoroughly analysed how national parliaments were sidelined from the start of the integration process, only to regain lost ground later. In particular, attempts to include the national parliaments in EU decision-making, via the renewed Subsidiarity Protocol among other ways, have attracted numerous research activities.

European v. National Constitutions

2004 ◽  
Vol 1 (1) ◽  
pp. 99-103
Author(s):  
Ingolf Pernice
Keyword(s):  
European Union ◽  
Public Authority ◽  
European Council ◽  
European Convention ◽  
Federal System ◽  
The European Union ◽  
National Parliaments ◽  
International Treaty ◽  
The People

In federal systems public authority is established by the people and exercised for the people at two levels. The treaties establishing the European Union may be conceptualised as the constitution of a supranational public authority, part of a federal system. And what the European Convention has submitted to the European Council to agree upon is an attempt to give this constitution a more coherent, more complete and more appealing form. The new ‘Constitution for Europe’ will be concluded, formally, by an international treaty. But governments and national parliaments will do this on behalf of the citizens of the Union, and insofar as national Constitutions provide for a referendum, the citizens will directly be involved. This Constitution will, therefore, like national constitutions, draw its legitimacy from the people, citizens of the polity, through their constitutional representatives. Legitimacy obtained is similar to that sought for a regular treaty but specific due to the contents and the explicit constitutional claim of the instrument.

scholarly journals RESPONSIBILITY OF MEMBER STATES REPRESENTATIVES AND PERSONNEL ON THE EXAMPLE OF SOME EUROPEAN UNION INSTITUTIONS

2020 ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
European Parliament ◽  
Fundamental Rights ◽  
European Council ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Direct Indication ◽  
Rules Of Procedure

Abstract: the article analyzes the features of the responsibility of official representatives of the Member States and European Union personnel on the example of particular institutions of the European Union. Four of the seven institutions of the European Union were included in the analysis, namely: the European Parliament, the European Council, the Council of the European Union and the Commission of the European Union. The article examines the provisions of a number of EU legal acts on the responsibility of representatives of member states and EU personnel, in particular Treaty on the European Union of 1992, Treaty on the Functioning of the European Union of 1957, Charter of Fundamental Rights of the European Union of 2000, Act concerning the election of the Members of the European Parliament by direct universal suffrage of 1976, Protocol on the Privileges and Immunities of the European Union of 2007, Statute for members of the European Parliament of 2005, Rules of Procedure of the European Parliament, Rules of Procedure of the European Council, Rules of Procedure of the Council, Rules of Procedure of the European Commission. As a result of the analysis of these acts of primary and secondary law of the European Union, it was possible to reveal a number of features of the responsibility of member states representatives in particular institutions of the European Union and personnel of the European Union individual institutions. Such features in the article include: attachment of political, administrative, disciplinary and financial responsibilities in the analyzed acts of European Union law and the absence in them of a direct indication of the possibility to put these categories of persons under criminal responsibility; a differentiated approach, which in most cases shows itself in various types, forms and mechanisms for the realization of the responsibility of official representatives of the European Union Member States and personnel of European Union institutions; realization within the institute of responsibility of the Member States representatives and personnel of EU institutions a balanced approach based on the sphere and volume of functions performed by such an individual.

Sign in / Sign up

Export Citation Format

Share Document