scholarly journals Euroscepticism and the European parliament: The mutual legitimization paradox

2019 ◽  
Vol 71 (2) ◽  
pp. 159-187
Author(s):  
Zaklina Novicic
Keyword(s):  
European Parliament ◽  
Constitutional Court ◽  
Democratic Deficit ◽  
Political Movements ◽  
European Continent ◽  
Political Reality ◽  
Political Forces ◽  
Federal Constitutional ◽  
The Eu

The European continent is moving away from a long-term tacit consensus on the desirability of deepening of European integration and entering a period of uncertainty and turbulence. The rise of the Euroskeptics on the European political scene creates without a doubt a discomfort among pro-European political forces. This prevents the democratic capacity of this process to be perceived, and in particular, the contribution of Euroscepticism channeled in the European Parliament, since it is the only organized political opposition in the EU institutional order which in terms of procedure leaves little room for that. Political movements and parties that express doubts about the benefits of the EU are certainly gaining legitimization by entering the European Parliament. However, on the other hand, this may have one unintended consequence. They contribute to the democratic legitimization and the reduction of the democratic deficit of the institution which they more or less radically challenge. They do so in the context of limited legitimization conferred to the European Parliament within the institutional structure of the EU. At first glance, the paradox of Euroscepticism being a threat to the EU and at the same time of reducing its democratic deficit is explained in this paper by the use of the German Federal Constitutional Court expressed in the famous judgment on the constitutionality of the Treaty of Lisbon. In addition to normative considerations, the paper also contains a shorter political review on the rise of Euroscepticism and its perspective. The author concludes that a conditional mutual legitimization of Euroscepticism and the European Parliament is emerging as a new political reality.

Scotland and parliamentary sovereignty

Legal Studies ◽  
2004 ◽  
Vol 24 (4) ◽  
pp. 540-567 ◽  
Author(s):  
Gavin Little
Keyword(s):  
Political Order ◽  
Political Issue ◽  
Political Reality ◽  
Parliamentary Sovereignty ◽  
Political Forces ◽  
Constitutional Conventions ◽  
To Come ◽  
Over Time ◽  
The Eu

The authority of the classic Diceyan approach to parliamentary sovereignty has, as is well known, been called into question as a result of the UK's membership of the EU and human rights legislation. However, this paper focuses on the implications of Scottish devolution for the orthodox doctrine of parliamentary sovereignty. The constitution, and the legislative supremacy of Westminster within it, remains a controversial political issue in Scotland. Accordingly, rather than hypothesising inductively from constitutional doctrine, consideration is given to the nature of the interaction between the socio-political forces which underlie Scottish devolution and the concept of parliamentary sovereignty. It is contended that the foundations of the Scottish political order have shifted in a way which is already presenting significant challenges. Moreover, looking to the future, the pressure on the orthodox Diceyan approach is likely to intensify over time. In this context, it is questionable whether constitutional conventions of the sort which are already evolving or the possible development by the courts of more formal constitutional norms will, in the long term, be able to reconcile parliamentary sovereignty with Scottish political reality. Indeed, it is argued that — from a Scottish perspective at least — the viability of classic, Diceyan parliamentary sovereignty as a meaningful constitutional doctrine will be called into question in the years to come.

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

Das PSPP-Urteil des Bundesverfassungsgerichts: Umfang der Übertragung von Souveränität und Überprüfung von Ermessensgebrauch

IG ◽  
2021 ◽  
Vol 44 (3) ◽  
pp. 220-226
Author(s):  
Achim-Rüdiger Börner
Keyword(s):  
Member State ◽  
Constitutional Court ◽  
The Public ◽  
Court Of Justice ◽  
European Court ◽  
Federal Constitutional ◽  
National Constitution ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In its judgment of 5 May 2020, the German Federal Constitutional Court (FCC) has held that the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB), which started in 2015, and the relevant decision of the European Court of Justice (ECJ) of 11 December 2018, holding that the programme is compatible with European Union (EU) law, are ultra vires acts. Indeed, this decision is based on a French understanding of discretion which has previously been adopted in the European Treaties and according to which discretion is controlled only for undue, illegal influence. Today, the Treaties have adopted a review of discretion under the aspects of suitability, necessity, and appropriateness. Moreover, criticism at the decision of the FCC neglects that the accession to and the membership in the EU have to observe the thresholds of the respective national constitution, as its violation is not and may not be expected by the Union or any other Member State. Ultra vires acts of the Union, which remain uncorrected by the Union itself, are subject to disapproval and rejection by the constitutional court of any Member State.

Corona-Bonds und EU-Verschuldung: Zukunftsvision oder Europäische Naivität?

2020 ◽  
Vol 69 (2) ◽  
pp. 148-165
Author(s):  
Bodo Herzog
Keyword(s):  
Current Debate ◽  
Constitutional Court ◽  
Political Union ◽  
Member States ◽  
European Public ◽  
Federal Constitutional ◽  
Lively Debate ◽  
And Control ◽  
Principle Of Liability ◽  
The Eu

AbstractThis article studies the current debate on Coronabonds and the idea of European public debt in the aftermath of the Corona pandemic. According to the EU-Treaty economic and fiscal policy remains in the sovereignty of Member States. Therefore, joint European debt instruments are risky and trigger moral hazard and free-riding in the Eurozone. We exhibit that a mixture of the principle of liability and control impairs the present fiscal architecture and destabilizes the Eurozone. We recommend that Member States ought to utilize either the existing fiscal architecture available or establish a political union with full sovereignty in Europe. This policy conclusion is supported by the PSPP-judgement of the Federal Constitutional Court of Germany on 5 May 2020. This ruling initiated a lively debate about the future of the Eurozone and Europe in general.

The continuing relevance of Germany’s engine for CEE and the EU

2013 ◽  
Vol 46 (3) ◽  
pp. 327-337 ◽  
Author(s):  
Vladimir Handl ◽  
William E. Paterson
Keyword(s):  
European Politics ◽  
Constitutional Court ◽  
French Government ◽  
Euro Zone ◽  
The North ◽  
Financial Costs ◽  
Leading Position ◽  
Federal Constitutional ◽  
New Situation ◽  
The Eu

The article looks first into the nature of the relations between Germany and the CEE countries a decade since the accession of the CEE countries to the EU. The relations are characterized as normalised and intensive with diverse levels of closeness and cooperation reflecting of the conceptual and ideological compatibility/differences. Next, the article focuses on the German attitude to the euro zone crisis. Germany has become a hegemon in the rescue effort aimed at stabilisation and economic invigoration of the euro zone. However, German hegemony has developed by default, not by design: her leading position is linked with considerable political and financial costs. Germany moved central stage and took the position of a reluctant hegemon. However, German role is contested internationally (it has not the support of the French government in key areas) as well as internally (particularly by the Federal Constitutional Court and the Bundesbank). The article argues that the new situation makes the German–CEE relations increasingly relevant for both sides. The German leadership of the EU increasing split along the north–south divide requires backing by the Northern group countries to which the CEE in general belongs. Given a number of reasons the CEE countries implement three distinctive strategies of co-operation with Germany in European politics. Also military co-operation, which remained rather limited so far, may receive new impulses, given the financial austerity.

scholarly journals Interaction of Party Structures of The EU and the Russian Federation in a Discourse of the Russian Left Forces on the Example of “A Just Russia” Party

2019 ◽  
Vol 9 (4) ◽  
pp. 83-87
Author(s):  
S. P. Mitrakhovich
Keyword(s):  
European Union ◽  
Identity Politics ◽  
Russian Federation ◽  
European Parliament ◽  
The European Union ◽  
Political Processes ◽  
Political Forces ◽  
Party Elites ◽  
The Russian Federation ◽  
The Eu

The article using “A Just Russia” case deals with the party strategies of the Russian left political forces for the creation of the relations with party structures of the European Union. Similar party strategy is at the same time a part of domestic policy and development of the Russian political processes, and at the same time, they are a part of the relationship with the European Union which is built up by Russia. Consequently, that is de facto a part of foreign policy activity. The novelty of the research consists in a combination of the research approaches used in a “partology” while considering a party to be a rational actor acting in conditions of a country political environment and the research approaches accepted in modern European studies. Parties act as internal political players, but at the same time and as contractors of foreign elite, in this case — party elite of the European Union, members of party groups of European Parliament, party Internationals, “the European parties” (earlier known under the term of “party at the European level”). From the Russian parliamentary political forces of several last electoral cycles “A Just Russia”, using a discourse of modern socialism, could establish more actively than others cooperation with European left, including influencing adoption of significant decisions in the EU, for example, on reform of the EU Gas Directive and the Third Energy Package of the EU. The party, through the prism of socialist ideology, is trying to bring together certain positions of the party elites of the Russian Federation and the EU, bringing differences on social avant-garde and identity politics out of the brackets. Therefore, it focuses recently on the problems of sanctions issues, considering its communication with the Party of European socialists and socialist groups in the European Parliament as another potentially popular diplomatic track for the country.

Wohin steuern die Ultra-vires- und die Identitätskontrolle? Eine Zwischenbilanz anhand der Entscheidungen des Bundesverfassungsgerichts im PSPP-Verfahren

IG ◽  
2021 ◽  
Vol 44 (3) ◽  
pp. 211-219
Author(s):  
Christian Walter
Keyword(s):  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
German Constitution ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

The article takes stock of the consequences which the decisions of the German Federal Constitutional Court (FCC) concerning the Public Sector Purchase Programme (PSPP) of the European Union (EU) have had on the relation between EU law and the German constitution. The interplay between the PSPP judgment of 5 May 2020 and a follow-up decision on its enforcement reveals a certain degree of back-paddling by the FCC. Irrespective of the infringement procedure, which the European Commission recently initiated against Germany, there are good chances for a respite for both the FCC and the Court of Justice of the EU. It is up to the FCC to use this period to clarify where it is headed with its jurisprudence on controlling the application of EU law in Germany.

scholarly journals Scope and Exercise of the Exclusive Competences of the Member States of the European Union

2020 ◽  
Vol 43 (4) ◽  
pp. 23-46
Author(s):  
Edyta Anna Krzysztofik
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Courts ◽  
Member States ◽  
Federal Constitutional ◽  
Uniform Manner ◽  
Constitutional Identity ◽  
The Eu

The process of European integration has introduced the Member States into a new legal reality. The existing exclusivity in the area of competence implementation has been replaced by a two-stage model of their exercise. The Member States, when conferring part of their supervisory powers, did not specify the scope of their own competences. The so-called European clauses were analysed in the Constitutions of selected Member States, which showed that they define the recipient of the conferral and, in a non-uniform manner, specify the subject of the conferral.  The analysis of the indicated provisions clearly shows that the Constitutions of the Member States exclude full conferral of competences on the European Union. There is no specification of the scope of competences that may be conferred. However, this issue was addressed by Constitutional Courts of the Member States. The article refers to the judgements of the German Federal Constitutional Court and the Polish Constitutional Court. It has been shown that they equate exclusive competences of the Member States with the scope of the concept of constitutional identity reduced to basic principles of the state. The Court of Justice of the European Union analysed the scope of competences of both entities. The article presents the analysis of judgements on: entries in Civil Registry regarding transcription of surnames, the issue of recognition of same-sex marriages, reform of the judiciary system in Poland, and the application of the Charter of Fundamental Rights in the areas that do not fall under EU competence. Regardless of the division of competences, the EU is bound by the principle of respect for national identity of the Member States, including constitutional identity. It both obligates the EU to respect the exclusive competences of the Member States and is a premise restricting the achievement of EU objectives.

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