scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

scholarly journals Constituent power, citizenship, and the European Union

2021 ◽  
Author(s):  
◽  
James Gallagher
Keyword(s):  
European Union ◽  
Participatory Democracy ◽  
Legal Framework ◽  
Citizen Involvement ◽  
Official Journal ◽  
The European Union ◽  
Constituent Power ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Eu

<p>The European Union (EU) has undergone constant political and economic integration since its inception in 1952. It has developed from a community in the aftermath of World War Two, into a Union of diverse states with its own political and legal system. It is the best example of international integration and co-operation in the world.  A number of treaties represent the primary law of the EU. The treaties represent the EU’s commitment to promote human rights, freedom, democracy, equality, and the rule of law. The Treaty of Lisbon¹ was introduced and adopted by the Member States to increase participatory democracy within the EU. Originally called the Reform Treaty, it amended the existing EU and EC treaties, providing the EU with the legal framework to meet the future challenges and to respond to the increasing demands of the citizens’ for a more transparent and open institution.  The European Parliament is the only directly elected institution of the EU, and traditionally had the least amount of power of the EU institutions. The Lisbon Treaty attempted to address the so-called democratic deficit through a range of institutional reforms that recognised the importance of European citizen involvement in the EU. Citizen involvement in the EU has also been increased through the implementation of the European Citizens’ Initiative (ECI). The ECI represents a further step towards the EU becoming a true participatory democracy.  This purpose of this paper is to critically assess the democratic involvement of European citizens in the operation of the EU, and how the constitutional foundation of the EU provides for this involvement. The paper will seek to answer to what extent European Citizens’ have the ability to affect real and meaningful change upon the EU, a power that currently sits with the governments of Member States.  Democracy is often associated with the power of the citizens to affect change in the institutions that govern them. The theory of constituent power goes one step further and argues that it gives citizens the ability to alter not only the governing institutions, but the also the power that those institutions exercise. This begins with an introduction of the main institutions of the EU, before moving to discuss the theory of constituent power, before assessing what factors would be necessary for constitutent power to be successful in the EU.  ¹ Official Journal of the European Union 2007 No C 306/1 (herein after referred to as the Treaty of Lisbon). Adopted 2008, entered into force 1 December 2009.</p>

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.

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.

Politics in the European Union

2014 ◽  
Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker
Keyword(s):  
European Union ◽  
International Politics ◽  
Individual Member ◽  
The European Union ◽  
Eurozone Crisis ◽  
Member States ◽  
Treaty Of Lisbon ◽  
The Subject ◽  
The Eu

Politics in the European Union examines the theory, history, institutions, and policies of the European Union. The EU is a unique, complex, and ever-changing political entity which continues to shape both international politics and the politics of its individual member states. The text provides a clear analysis of the organization and presents a well-rounded introduction to the subject. Complete and detailed in its coverage, with a consolidated and updated history section, this text weaves together material on key contemporary concerns including the eurozone crisis and the implementation of the Treaty of Lisbon with a thorough consideration of the workings and remit of the EU.

scholarly journals From Print to Digital, from Document to Data: Digitalisation at the Publications Office of the European Union

2020 ◽  
Vol 4 (1) ◽  
pp. 203-216
Author(s):  
Valérie Schafer
Keyword(s):  
European Union ◽  
Official Journal ◽  
The European Union ◽  
Documentation System ◽  
Member States ◽  
Eu Member States ◽  
Complex Ecosystem ◽  
Optical Discs ◽  
Transfer Of Information ◽  
The Eu

AbstractSince the 1970s, the Publications Office of the European Union, the official publisher of all the institutions and bodies of the EU, has had to adapt to a fast-changing situation as the number of EU Member States has grown and the number and nature of publications has evolved (including publishing public tenders of EU institutions and Member States in 1978 through a supplement to the Official Journal of the European Union and handling CELEX, an interinstitutional and multilingual automated documentation system for community law, in 1992). These changes occurred over several ages of computing. The computerisation of the Publications Office was primarily a response to the need for rationalisation and productivity, but the aim was also to gradually adapt to new types of document publication and consultation. These different stages of digitalisation required the constant transfer of information to a multitude of media. Supports, such as punched cards, optical discs and CD-ROMs, had varying life expectancies and are all evidence of attempts to digitise information before the Web.This evolution not only illustrates the need to constantly harmonise a large amount of information, it also highlights some continuities. It affects the management of information systems but also meets regularly updated standardisation, interoperability and sustainability needs within a complex ecosystem.

Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union

2008 ◽  
Vol 10 (1) ◽  
pp. 51-72
Author(s):  
Olivia den Hollander
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
The One ◽  
Criminal Matters ◽  
The Eu

AbstractCurrently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.

The Procedure before the Court of Justice

2021 ◽  
pp. 313-370
Author(s):  
Morten Broberg ◽  
Niels Fenger
Keyword(s):  
European Union ◽  
Preliminary Report ◽  
Official Journal ◽  
The European Union ◽  
Member States ◽  
Original Language ◽  
Court Of Justice ◽  
Subsequent Publication ◽  
Official Languages ◽  
The Eu

Chapter 10 contains an analysis of the procedure before the Court of Justice and discusses how written and oral observations may be presented. The chapter examines and explains the following stages: (i) translation of the reference into all the official languages, and the subsequent publication of a summary of the reference in the Official Journal of the European Union, (ii) notification of the reference to the parties to the main proceedings, the Member States, the EU institutions, the EFTA Surveillance Authority, Norway, Iceland, and Liechtenstein as well as, in some cases, other third countries, (iii) submission of written observations, (iv) translation of the written observations into French (working language of the Court of Justice) and appointment of a Judge-Rapporteur Advocates General, (v) notification of the written observations in their original language, in French and in the language of the case, (vi) drawing up of a Preliminary Report (rapport préalable), (vii) oral procedure, (viii) deliberation and voting by the judges and preparation of the judgment, and (ix) translation of the judgment.

scholarly journals HARMONIZATION OR UNIFICATION? – INSTRUMENTS FOR A MORE EFFECTIVE PROTECTION OF THE FINANCIAL INTERESTS OF THE EUROPEAN UNION

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Bence Udvarhelyi
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Historical Development ◽  
Legal Framework ◽  
The European Union ◽  
Effective Protection ◽  
Treaty Of Lisbon ◽  
Financial Interests ◽  
The Eu

The objective of the article is to analyse the efforts of the European Union for the protection of its financial interests. The first part of the paper sets out the brief historical development of the criminal law protection of the financial interests of the European Union with particular emphasis on the strengthened and reinforced legal framework provided by the Treaty of Lisbon. The second part of the study focuses to the newly adopted Directive of the EU on the fight against fraud to the Union’s financial interests by means of criminal law. However, the paper does not intend to analyse the provisions of the Directive in details, it only aims to examine whether it can provide for an effective and unified protection to the financial interests of the European Union.

scholarly journals Considerations on the Infringement Procedure against Romania

2022 ◽  
Author(s):  
Crina Mihaela Verga ◽  
◽  
◽  
◽  
◽  
...  
Keyword(s):  
European Union ◽  
Good Practice ◽  
Legal Framework ◽  
Comparative Methods ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Relevant Case ◽  
The Eu

This paper is a study of the infringement procedure, as it is regulated at EU level. Thus, we first analyze the existing legal framework on the matter. The implementation of this procedure in various Member States of the European Union and its consequences are then presented. Last but not least, the article refers to a series of aspects regarding the fields in which the procedure was directed against Romania since its integration into the EU. The purpose of the essay is to present in detail Romania's situation regarding the violation of EU’s law.Thus, a comparative presentation throughout time of the number of such proceedings launched against the Romanian state was made.A relevant case in which Romania was tried and convicted was also presented in detail.The large number of cases launched in 2021 highlights the delays registered by Romania on the matter. The measures ordered by the Romanian government through the elaborated the Annual Transposition Plan-2021must be carefully and systematically implemented. Romania could also consider and effectively apply the examples of good practice from the other EU’s member states. The historical and the comparative methods used in this presentation reveal both the similarities between the application of this procedure in the EU Member States under review as well as the differences and its succession in time. The article is important not only for the scientists, but also for the practitioners to dispose all the necessary measures that are required.

scholarly journals Civil Society under the Treaty of Lisbon: Relationship between National Public Benefit Organizations and European Union Policy?

2011 ◽  
Vol 2 (2) ◽  
Author(s):  
Lia C.R.M. Versteegh
Keyword(s):  
European Union ◽  
Civil Society ◽  
Governance Structure ◽  
Civil Society Organizations ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Public Benefit ◽  
Eu Member States ◽  
The Eu

The active involvement of European citizens became a new form of democracy in the Treaty of Lisbon of 2009 by the introduction of a whole new chapter dedicated to this purpose. There is an article that obligates the Commission to give serious consideration to the demands of one million citizens from a significant number of Member States. The treaty also provides for a better role of NGOs such as foundations and associations. However, there are uncertainties concerning the definition and the nature of the concept of civil society of which NGOs may be regarded as typical. The European Union gives as leading principle of civil society the concept of voluntariness. Currently, the legal typology of NGOs in the European Union is determined by national laws of the Member State. The present forms of NGOs show great differences regarding formal requirements. There is a variety of legal forms available in EU Member States for public benefit organizations as typical civil society organizations. In the concept of European Union governance there are different concepts about which role civil society could or ought to play in Europe’s governance structure. One of these concepts is that the European Union cooperates with the national civil society institutions through partnership agreements. However, the European Union provides no indication of ways to measure whether an organization can be considered as a public benefit organization. Also, the supervising competences in the EU Member States are different. As a result of these the participatory democracy in the EU does not reflect the power of Europe’s civil society.

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