Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

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.

2019 ◽  
Vol 4 ◽  
pp. 97-114
Author(s):  
Michał Biela

Celem niniejszego artykułu jest prezentacja założeń teoretycznych oraz praktycznej implementacji koncepcji alternatywnych źródeł finansowania społecznościowego w Polsce i Unii Europejskiej ze szczególnym uwzględnieniem aspektów formalno-prawnych crowdfundingu. Artykuł składa się z trzech części: w pierwszej opisano założenia definicyjne i koncepcyjne crowdfundingu, w drugiej przedstawiono propozycję zmiany ram regulacyjnych finansowania społecznościowego, przygotowanych przez instytucje Unii Europejskiej, natomiast trzecia zawiera uregulowania prawne finansowania społecznościowego w Polsce. W artykule jako metodę badawczą zastosowano desk research, której implementacja umożliwiła analizę istniejącej literatury przedmiotu. Theoretical assumptions of crowdfunding and its legal regulations in the European Union and in PolandThe aim of this article is to present the theoretical assumptions and practical implementation of the concept of alternative sources of funding in Poland and in the European Union, with emphasis on the formal and legal aspects of crowdfunding. The article consists of three parts. The first part describes the definition and conceptual assumptions of crowdfunding. The second part presents a proposal to change the crowdfunding regulatory framework at the European Union level. The third part includes legal regulations for crowdfunding in Poland. In the article, desk research was used as a research method, the implementation of which enabled the analysis of the existing literature on the subject.


Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter

This chapter addresses access to justice in the context of centralized enforcement of EU State aid law and judicial review before the Union courts. The subject matter of litigation is State aid measures adopted in particular by the European Commission as the main supervisory body in this field pursuant to Article 108 TFEU. The term ‘access to justice’ is meant to comprise both the various conditions of standing for bringing direct actions against such measures before the General Court (GC), which essentially comprise actions for annulment (Article 263 TFEU), actions for failure to act (Article 265 TFEU), and actions for damages (Article 268 in combination with Article 340(2) TFEU). The chapter also looks at the nature and the types of acts that are possibly subject to judicial review before the GC.


Author(s):  
Hartley Trevor C

This chapter discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.


Author(s):  
Michael Schillig

The Introduction provides a brief summary of the background for the reform legislation on recovery and resolution in the European Union and in the United States, with a particular focus on the ‘too-big-to-fail’ problem. It gives an overview of the content of the Bank Recovery and Resolution Directive, the Single Resolution Mechanisms for the eurozone, and the Orderly Liquidation Authority under the Dodd–Frank Act. It further seeks to provide some terminological and conceptual clarity as regards the subject matter of the book, notably with a view to delineating supervision, resolution, and corporate insolvency. The structure of the book is summarized in outline.


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):  
Maria Hapunik

The article raises the subject of prevention actions taken in the fight against terrorism, directed mainly against foreigners. The sine qua non condition to be fulfilled by state services to ensure broadly defined security is to have the resource of relevant information at their disposal. In a democratic state of law, for the services in question to obtain unrestricted information is not possible. The subject of following reflections is not new; it oscillates between the standards of a civil society and public safety in the geopolitical context, acts of terrorism and contemporary migrant crisis in the European Union.


2010 ◽  
Vol 11 (3) ◽  
Author(s):  
Marco Gercke

AbstractDuring the last decade, the European Union has developed several legal instruments addressing relevant aspects of Cybercrime. Cybercrime is in most cases transnational in nature underlining the importance of harmonisation. A solid mandate for the development of legal instruments outside the intergovernmental cooperation was missing. This article first of all provides an overview of approaches so far (II.) as they remain relevant. This highlights the variety of harmonisation approaches and unveils the previous strategies to deal with the subject matter on an EU level. After this the article will point out the changes caused by the successful ratification of theLisbonTreaty and give an outlook on the potential developments in this field (III.).


Author(s):  
Paul Craig ◽  
Menelaos Markakis

Discourse concerning Economic and Monetary Union (EMU) reform is complex. This is in part because of the inherent complexity of the subject matter, and in part because the outcome, whatsoever that might be, will not be determined purely by economics. The European Union (EU) is quintessentially the art of the possible, and politics is of considerable importance in determining the parameters in this respect. There is, moreover, a temporal dimension to discussion of EMU reform, which in this context signifies the fact that the likely direction of change emerges over time, with successive high-level reports operating incrementally to lay the groundwork for change. Thus, the key staging posts for the next stage of EMU reform include the Four Presidents’ Report, the Five Presidents’ Report, the Commission’s Reflection Paper, and its 2017 Roadmap for completion of EMU.


Author(s):  
Georgi Gruew

The paper focuses on the competence of the European Parliament and the EU Council to adopt directives in the area of substantive criminal law provided in Articles 83 and 84 of the TFEU, which confirm the earlier ECJ rulings on the subject. The competence granted to those institutions also ensure greater effectives of the adopted directives in combating serious crimes within the European Union. The creation of certain ‘emergency brakes’ and application of the principle of proportionality taking into account the fundamental principles of criminal law systems of individual Member States, has enabled the EU institutions to establish common definitions of most serious crimes.


Author(s):  
Daniela Dvořáková

Transparent lobbying is a natural and desirable part of the functioning of each democratic state. The paper analyzes the specific ways, perception and regulation of lobbying in the European Union and the Czech Republic. In the European Union it focuses mainly on two institutions which are under pressure of the lobbyists, the European Commission and the European Parliament. Furthermore, paper presents the situation in the perception and regulation of lobbying in the Czech Republic, and clarifies several unsucessful attempts to regulate lobbying. In conclusion paper compares specific lobbying environment and regulation in the European Union and the Czech Republic and formulates recommendations for the Czech lobbying practices.


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