Le rapport Tindemans et les élections européennes

Res Publica ◽  
1970 ◽  
Vol 19 (2) ◽  
pp. 345-371
Author(s):  
Jean-Claude Willame

The Tindemans report on the European union and the decision to organize direct elections for the European Parliament have been two important events in European afjairs in 1976. This article analyses the origins, developments and bearing of these two events.Although his mandate was initiated and encouraged at the highest level - that of the European heads of state - , Mr. Tindemans' attempt to propose concrete steps in order to achieve a real political union in Europe did not get through. It received a rather cold reception from several states who opposed some of his proposals on different grounds.At the Conference of The Hague, Mr. Tindemans was able to get a formal support to his ideas, but no decision was taken to implement any of them.The decision to organize direct elections for the European Parliament, which can be seen as a concrete step toward the implementation of the long awaited European union, is facing the same kind of resistance at the national level. Although the Nine have all agreed to do everything possible to organize these elections in the spring of 1978, there are still unsolved problems which are both technical and political. Moreover, even if they are taking place, it is not at all sure that they will bring about substantive changes in the role and functions of the European Parliament.

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.


2013 ◽  
Vol 21 (2) ◽  
pp. 127-162 ◽  
Author(s):  
Johan Boucht

This article consists of a principled analysis of extended confiscation as a legal phenomenon according to Article 4 of the Proposal for a directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union (COM (2012) 85 final). The analysis aims at creating a theoretical framework by which the legitimacy of schemes on extended confiscation can be assessed, both at EU level and at national level. This model utilises three parameters of assessment: the target area of extended confiscation, procedural safeguards and fairness (proportionality). The Commission proposal is set against these parameters and a suggestion is made for how the provision in the proposal could be revised in order to better fulfil the conditions put forward.


Author(s):  
Michael Shackleton

This chapter examines how the power of the democratic idea drives change in the European Parliament’s (EP) powers. The EP, the only directly elected institution of the European Union, derives its authority from national electorates rather than national governments and is therefore a transnational institution. Since the first direct elections in 1979, the EP’s powers and status have grown dramatically, culminating in the changes agreed under the 2007 Lisbon Treaty. Nevertheless, the EU is perceived to be suffering from a ‘democratic deficit’. This chapter first traces the historical evolution of the EP before discussing its decision-making. It then considers how the EP aggregates interests, what influence it exercises, and what kind of body it is becoming. It concludes by assessing various perspectives about the EU’s democratic deficit. The chapter stresses the importance of consensus mechanisms within the EP as well as those that link it to other EU institutions.


Author(s):  
Høyland Bjørn

International organizations (IOs) often have a parliamentary body amongst their governing institutions. But these bodies often lack the powers associated with national level equivalents. The European Union has empowered its parliamentary body with substantive powers. The European Parliament (EP) elects its members by general direct elections; has been empowered with substantive legislative and budgetary powers; and its support is required for the executive, the European Commission, to take office. As the EU is unique in its empowerment of its parliamentary body, this chapter discusses to what extent its model should be adopted by other IOs. It is organized as follows. The first section presents a list of IOs with a parliamentary body along with the level of empowerment of this body. The second section discusses the role of direct elections and full-time parliamentarians as a means to empower the parliamentary body. The third section traces the development of the legislative powers of the EP and how it is organized in order to increase its formal powers. The fourth section describes the evolution of the budgetary powers of the EP. The final section deals with the EP's power to control the executive.


Author(s):  
Dieter Grimm

This chapter examines the role of national parliaments in the European Union. It first considers the general trend towards de-parliamentarization in the EU before describing the European situation by distinguishing three separate phases, in which the national parliaments have different functions: the transfer of sovereign rights from the Member States to the EU, the exercise of those transferred rights by the EU, and the implementation of European decisions by the Member States. The chapter then explores the question of whether the European Parliament is capable of compensating at the European level for the erosion of legislative authority at the national level. Finally, it discusses the proposal that the European Parliament be vested with the powers typically possessed by national parliaments as a solution to the EU’s legitimacy crisis and argues that full parliamentarization is not the answer.


2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.


2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.


Author(s):  
Panagiotis Delimatsis

Secrecy and informality rather than transparency traditionally reign trade negotiations at the bilateral, regional, and multilateral levels. Yet, transparency ranks among the most basic desiderata in the grammar of global governance and has been regarded as positively related to legitimacy. In the EU’s case, transparent trade diplomacy is quintessential for constitutional—but also for broader political—reasons. First, even if trade matters fall within the EU’s exclusive competence, the EU executive is bound by the Treaty on the Functioning of the European Union (TFEU) to inform the European Parliament, the EU co-legislator, in regular intervals. Second, transparency at an early stage is important to address public reluctance, suspicion, or even opposition regarding a particular trade deal. This chapter chronicles the quest for and turning moments relating to transparency during the EU trade negotiations with Canada (CETA); the US (TTIP), and various WTO members on services (TiSA).


Politics ◽  
2021 ◽  
pp. 026339572110083
Author(s):  
Michaela Maier ◽  
Carlos Jalali ◽  
Jürgen Maier ◽  
Alessandro Nai ◽  
Sebastian Stier

European elections have been described as second-order phenomena for voters, the media, but also parties. Yet, since 2009, there exists evidence that not only voters, but also political parties assign increasing significance to European elections. While initially ‘issue entrepreneurs’ were held responsible for this development, the latest campaigns have raised the question of whether mainstream parties are finally also campaigning on European issues. In this article, we examine European Union (EU) salience in the 2019 European Parliament (EP) campaigns of government and opposition parties and the predictors of their strategic behaviours. We test the relevance of factors derived from the selective emphasis and the co-orientation approach within an integrated model of strategic campaign communication based on expert evaluations of 191 parties in 28 EU member states. Results show that the traditional expectation that government parties silence EU issues does not hold anymore; instead, the average EU salience of government and opposition parties is similar on the national level. The strongest predictors for a party’s decision to campaign on EU issues are the co-orientation towards the campaign agendas of competing parties, and party’s EU position.


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