scholarly journals Two sides of the contemporary system of quasi-legislative acts of the Commission of the European Union

Author(s):  
P. V. Otenko

The scientific article is devoted to the issue of complex legal analysis of both advantages and disadvantages of the contemporary system of Commission’s quasi-legislative acts which is composed of implementing and delegated acts. Commission’s implementing and delegated acts play a crucial role in the EU, but the abusive application by the EU legislator of the delegation of quasi-legislative powers to the Commission of the EU cause various negative consequences on the EU legal order. The author outlines the following positive sides of Commission’s quasi-legislative acts: acceleration of the EU decision-making process, adding the EU decision-making process flexibility, improvement of the quality of the EU legislative acts and unloading the overall EU legislature’s workload. Taking into account the latest statistics, the author has proved that the process of the adoption of implementing and delegated acts is in four times faster than ordinary and special legislative procedures. It is emphasized that COVID-19 outbreak in 2020 made the EU urgently enact a bunch of legislative acts that were mainly adopted in the form of Commission’s quasi-legislative acts. The author also points out that the quality of the EU’s legislation has been improved as well as EU’s legislator workload has been greatly reduced because of Commission’s implementing and delegated acts. At the same time, the author specifies that the absence of an explicit legal distinction between Commission’s implementing and delegated acts leads to numerous interinstitutional litigations and disputes and undermines the hierarchy of legal acts under the provisions of the Lisbon Treaty. It is established that an excessive application by the Commission of the EU of the quasi-legislative instruments may breach the principle of institutional balance and may lead to the replacement of the sole EU legislator – the European Parliament and the Council. Eventually, the author argues that the lack of transparence and accountability of the Commission of the EU during the process of adoption of implementing and delegated acts deepen the ‘democratic deficit’ problem within the EU.

Author(s):  
G. Olevsky

The article studies role of knowledge in business and analyzes tendencies of the formation of knowledge-intensive entrepreneurship (business) in the EU. It is shown that for small and medium-sized enterprises prospects of expansion of knowledge production and sales of products and services are associated with the internationalization of business. The author proposes the matrix of decision-making entrepreneurs, depending on the completeness and quality of information at their disposal on the market.


Author(s):  
Boban Melovic ◽  
Slavica Mitrovic Veljkovic ◽  
Dragana Cirovic ◽  
Ivana Djakovic Radojicic

This chapter analyzes the differences of decision-making process in the EU member countries, caused by differences in main dimensions of national culture of each of them. The influence of different cultural dimensions on decision-making process is explained. Thanks to the application of qualitative research method and deductive approach, there are conclusions about specificities of decision-making process, in particular EU countries. Using the inductive approach, content analysis method and method of synthesis, the EU countries were grouped regarding to the decision-making styles that are the most appropriate in each of them, based on the characteristics of the cultural framework that exist within them. Obtained results may help managers to better understand their decision-maker role in different cultural environment and it would enable them to apply the appropriate decision-making style, which would increase the quality of business decisions that are being made.


Author(s):  
Irina Ciacir ◽  
◽  
Ecaterina Subina ◽  

2020 is a year of global change. The spread of the COVID-19 virus was an impetus for transformation. The entire globe confronts impediments hard-to-anticipate, but who endangers people’s life. This article refers to the transparency of the decision-making process in the pandemic period. Also, it is explained the communication problems that can appear in complicated situations between the public administration and the citizen. Both the authorities of the European Union, in general, and of the Republic of Moldova, in particular, encounter social problems, which must be resolved in a very short period. Many decisions must be made promptly and unforeseen. It is important that this process does not affect the quality of public services provided and does not infringe on the rights of citizens. Thus, the decision-making process must be transparent and accessible to citizens


Author(s):  
Stoyko O. М.

The evolution of the referendum institutionalization in the constitutions of the EU states is considered. The peculiarities of its initiation, realization and implementation of results in the "old" and "new" members of the Union are highlighted and analyzed. It is concluded that young democracies are pioneering in using this tool of direct democracy both to legitimize government decisions and to involve citizens in the decision-making process. The history of the introduction of plebiscites into the practice of political processes in European countries shows, that they are closely linked to democratic transit: the later the constitution is adopted, the more opportunities for citizens to use referendums not only to control the legislative process in parliament (support or veto certain decisions, draft laws), but also to formulate an agenda - to propose their own initiatives for consideration by public authorities. Accordingly, there are obvious differences between the referendum practices of the "old" and "new" members of the European Union, since the latter are much more active in using them and give citizens real leverage on public policy by holding plebiscites on popular initiatives.


2021 ◽  
pp. 108-139
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

This chapter discusses the EU system’s sources of law covering: primary legislation, secondary Union legislation and other sources of law, including ‘soft law’. It also discusses the legislative procedures, decision-making procedure of the Commission and legislative powers and implied powers. The chapter concludes with a discussion on the application of the principle of subsidiarity and proportionality.


2009 ◽  
Vol 29 (2) ◽  
pp. 135-151 ◽  
Author(s):  
Tanja A. Börzel ◽  
Karen Heard-Lauréote

AbstractWhile there is broad scholarly agreement that policy-making in the European Union (EU) involves a multitude of public and private actors at different levels of government, there is less agreement whether the EU should be conceptualized as a form of governancebynetworks or governanceinnetworks. This article first examines different concepts of networks. It then sets out multiple functions of networks within the EU policy process. Particular attention is paid to the extent to which networks may provide added value to European integration and improve the quality of governance by effectively solving common problems and helping to address the democratic deficit or whether, by acting as mechanisms of exclusion rather than inclusion, they actually contribute to the EU's legitimacy deficit. Since networks can enhance governance quality as well as undermine its democratic credentials, a balance sheet shows both positive and negative consequences.


Author(s):  
Boban Melovic ◽  
Slavica Mitrovic Veljkovic ◽  
Dragana Cirovic ◽  
Ivana Djakovic Radojicic

This chapter analyzes the differences of decision-making process in the EU member countries, caused by differences in main dimensions of national culture of each of them. The influence of different cultural dimensions on decision-making process is explained. Thanks to the application of qualitative research method and deductive approach, there are conclusions about specificities of decision-making process, in particular EU countries. Using the inductive approach, content analysis method and method of synthesis, the EU countries were grouped regarding to the decision-making styles that are the most appropriate in each of them, based on the characteristics of the cultural framework that exist within them. Obtained results may help managers to better understand their decision-maker role in different cultural environment and it would enable them to apply the appropriate decision-making style, which would increase the quality of business decisions that are being made.


2020 ◽  
pp. 125-144
Author(s):  
Monika Szkarłat

The European Union can be described as a particular hybrid integration structure that combines features of a state and intergovernmental organisation. Its institutional framework, legal system and division of competences are examples of a supranational organisation or a transnational decision-making system. The decision-making process is an outcome of network interactions between multiple actors, whose relations are non-hierarchically ordered. Genetically modified organisms (GMO) as an example of modern biotechnology application is a highly polarising subject in the EU, as well as globally. Thus, the policy towards GMO is an exemplification of legal and political hybridity of the EU. The analysis of the EU’s legal and political hybridity will be narrowed down to the GM plants case and methodologically organised around the concept of decision-making analysis that is composed of five categories: decision-making situation, actors, decision-making process, decision, implementation of the decision


2009 ◽  
Vol 78 (4) ◽  
pp. 541-552 ◽  
Author(s):  
Pål Wrange

AbstractIn 2005, the European Union (EU) adopted Guidelines on Promoting Compliance with International Humanitarian Law(IHL). The Guidelines are designed to be implemented by any officer in the foreign services of the EU, including its member states. After outlining the main features of IHL, the Guidelines have provisions on the decision-making process and on possible action to take. The Guidelines, which have been quite widely implemented according toa survey, should be an important tool in keeping IHL issues on the EU's agenda.


Politics ◽  
1995 ◽  
Vol 15 (2) ◽  
pp. 79-87
Author(s):  
Mark Baimbridge ◽  
Brian Burkitt

The disagreement within the European Union (EU) concerning the system of qualified majority voting highlighted the inequalities within the present allocation of votes. With enlargement these inequalities are likely to intensify. We suggest that the EU should examine alternative methods for the allocation of Council votes. Two possible scenarios are allocation according to population size, and second, allocation based upon contributions to the EU budget. We conclude that either of these methods would offer a greater degree of equity, stability and flexibility in the decision-making process of the European Council.


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