scholarly journals Zasada zwrotu kosztów usług wodnych i jej znaczenie prawne

2016 ◽  
pp. 123-136
Author(s):  
Jerzy Rotko
Keyword(s):  
Water Use ◽  
Water Policy ◽  
European Parliament ◽  
Community Action ◽  
The Other ◽  
Water Law ◽  
Water Services ◽  
Legal Literature ◽  
German Science ◽  
The One

The new draft Act on Water Law provides for significant changes to the system for collecting environmental charges for water use. Their aim is, on the one hand, to eliminate the existing exemptions from the charges and, on the other hand, to increase their rates for those entities that already incur them. The changes to be introduced are justified by the need to ensure that the principle of recovery of the costs of water services, provided for in Article 9 of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy, is fully taken into account. Since the principle has not been extensively analysed in the Polish legal literature, the article addresses closely the directions of its interpretations presented in German science. Most of them refer to the dispute between two authors: Herwig Unnerstall and Süleyman Kolcu. In its conclusion, the provisions of the draft Act concerning this principle are assessed on a preliminary basis and the discerned legislative deficiencies are indicated.

The Making of a President: The European Parliament and the Confirmation of Jacques Santer as President of the Commission

1996 ◽  
Vol 31 (1) ◽  
pp. 62-76 ◽  
Author(s):  
Simon Hix ◽  
Christopher Lord
Keyword(s):  
European Parliament ◽  
The Other ◽  
The European Union ◽  
Political Debate ◽  
European Elections ◽  
Shared Meanings ◽  
Single European Act ◽  
The One ◽  
Council Of Ministers ◽  
The Eu

THE SINGLE EUROPEAN ACT AND THE MAASTRICHT TREATY attempted to balance two principles of representation in their redesign of the institutional structures of the European Union: the one, based on the indirect representation of publics through nationally elected governments in the European Council and Council of Ministers; the other, based on the direct representation of publics through a more powerful European Parliament. There is much to be said for this balance, for neither of the two principles can, on its own, be an adequate solution at this stage in the development of the EU. The Council suffers from a non-transparent style of decision-making and is, in the view of many, closer to oligarchic than to democratic politics. On the other hand, the claims of the European Parliament to represent public sentiments on European integration are limited by low voter participation, the second-order nature of European elections and the still Protean nature of what we might call a transnational European demos. The EU lacks a single public arena of political debate, communications and shared meanings; of partisan aggregation and political entrepreneurship; and of high and even acceptance, across issues and member states, that it is European and not national majority views which should count in collective rule-making.

The Bar and Its Works

2019 ◽  
pp. 289-318
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Social Distance ◽  
Legal Education ◽  
First Century ◽  
The Other ◽  
Law Firms ◽  
Wall Street ◽  
Legal Literature ◽  
Technical Sense ◽  
The One ◽  
Almost All

This chapter discusses the bar, covering its organization, legal education, and the legal literature of the law. The bar was open to almost all men in a technical sense. But class and background did make a difference. Jacksonian ideology should not be taken at face value. The bar was, for one thing, somewhat stratified, even in the nineteenth century. At the beginning of the twenty-first century, there is a tremendous social distance between a Wall Street partner on the one hand, and on the other hand, lawyers who scrambled for a living at the bottom of the heap. Lawyers from wealthy or professional backgrounds were far more likely to reach the heights than lawyers from working-class homes. In 1800 and 1850, there were no large law firms, and hardly any firms at all.

scholarly journals Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint

Argumentation ◽  
2020 ◽  
Author(s):  
Francesca Poggi
Keyword(s):  
Explanatory Power ◽  
The Other ◽  
Legal Argumentation ◽  
Legal Interpretation ◽  
Central Theme ◽  
Critical View ◽  
Legal Literature ◽  
Close Relationship ◽  
The One ◽  
Definition Of

AbstractThe phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned.

The Spanish Electoral System

2020 ◽  
pp. 388-409
Author(s):  
Agustí Bosch
Keyword(s):  
Party System ◽  
Electoral Systems ◽  
Electoral System ◽  
European Parliament ◽  
The Other ◽  
Regional Parties ◽  
Lower House ◽  
System P ◽  
The Future ◽  
The One

This chapter examines the Spanish electoral system, meaning—first and foremost—the one used to elect the lower house (Congreso de los Diputados). After a brief description of its components, the chapter assesses how its scarce proportionality has traditionally led Spanish politics towards a two-party system. The chapter also assesses some other of its alleged outcomes (such as the malapportionment, the weight of the regional parties, or the robustness of democracy) and its prospects for the future. Finally, the chapter also examines the ‘other’ Spanish electoral systems—that is, the ones used to elect the Senate, the local councils, the regional parliaments, and the Spanish seats in the European Parliament.

Die neunten Direktwahlen zum Europäischen Parlament: Rahmenbedingungen, Parteien und Bürger in der Bundesrepublik Deutschland

2019 ◽  
Vol 50 (4) ◽  
pp. 715-735
Author(s):  
Daniela Braun ◽  
Markus Tausendpfund
Keyword(s):  
European Union ◽  
Political Parties ◽  
European Integration ◽  
European Parliament ◽  
Significant Loss ◽  
The Other ◽  
The European Union ◽  
European Elections ◽  
The One ◽  
European Parliament Elections

Despite a higher turnout, the ninth elections to the European Parliament can still be considered as second-order elections . In Germany, the governing parties - in particular the CDU and SPD - experienced a significant loss compared to the 2017 Bundestag elections and the 2014 European elections, whereas the Greens are the winners . The article provides information on the conditions framing the European Parliament elections and focuses on political parties and citizens . The empirical findings show, on the one hand, that the European integration issue is more salient in the manifestos than generally assumed and, on the other hand, that citizens’ knowledge of the European Union continues to be low . Against this background, turnout, electoral choices and reasons for these are discussed . Moreover, the composition of the newly elected European Parliament and possible implications are described . [ZParl, vol . 50 (2019), no . 4, pp . 715 - 735]

scholarly journals Water European Law And The Watershed Management

2012 ◽  
Vol 11 (13) ◽  
pp. 1545
Author(s):  
Patricia Dominguez Alonso
Keyword(s):  
Water Management ◽  
Environmental Policy ◽  
European Commission ◽  
Watershed Management ◽  
Water Policy ◽  
River Basins ◽  
European Parliament ◽  
Community Action ◽  
European Law ◽  
Surface And Groundwater

Water is one of the main concerns of EU environmental policy and as such has been considered one of the environmental priorities of the European Commission. The paper analyzes the transcendent Directive 2000/60/EC of the European Parliament and Council of 23 October 2000 establishing a framework for Community action in the field of water policy. Directive extends its objective the protection of all waters, surface and groundwater, and introducing water management based on river basins

Criminal Omissions: Some Relevant Distinctions

2008 ◽  
Vol 11 (3) ◽  
pp. 452-469
Author(s):  
Jesúús-Maríía Silva Sáánchez
Keyword(s):  
Latin American ◽  
The Other ◽  
Other Hand ◽  
Legal Literature ◽  
The One

The prevailing theory in continental European and Latin American legal literature distinguishes two kinds of punishable omissions: the simple (or "authentic," "genuine") omission and the "inauthentic" or "pseudo" omission (also known as commission by omission, comisióón por omisióón). In this article a tripartite classification of crimes of omission is proposed. On the one hand, there are crimes of omission that are identical to cases of active commission (for which we should reserve the term of commission by omission). These are based on the idea of responsibility for one's own organization. On the other hand, there are simple crimes of omission in which we punish a breach of a duty of minimum solidarity toward our fellow citizens. Somewhere between these two categories lies a third type of aggravated crimes of omission that are based on liability for a breach of a duty of qualified solidarity (derived from specific institutions or relationships between people). Moreover, this threefold classification is based on the idea that differences between such omissions are a matter of degree.

THE RESULTS OF EUROPEAN ELECTIONS 2019: NEW ALIGNMENT OF FORCES IN THE EUROPEAN PARLIAMENT AND EUROPEAN COMMISSION, INCLUDING GENDER ASPECT

2020 ◽  
Vol 2 (4) ◽  
pp. 10-16
Author(s):  
BORIS GUSELETOV ◽  
Keyword(s):  
European Commission ◽  
European Parliament ◽  
The Other ◽  
The European Union ◽  
European Elections ◽  
People's Party ◽  
Mechanism Of Interaction ◽  
European People’S Party ◽  
Election Results ◽  
The One

The article presents an analysis of the results of the 2019 elections of members of the European Parliament and the formation of a new composition of the European Commission. The question of how the balance of power has changed in the new Parliament between the traditionally leading parties of the European conservatives (European people's party) and socialists (Party of European socialists), on the one hand, and the other parties (Liberals, Greens, Communists, etc.), which traditionally play a secondary role, on the other. The results of the so-called eurosceptic parties, which in recent years have significantly increased their influence both at the European and national levels, are analyzed. It shows how the election results affected the distribution of leadership positions in the European Parliament itself, as well as their impact on the formation of the new composition of the European Commission. The article examines how the mechanism of interaction between the European Parliament and the European Council has changed during the formation of the European Commission and what impact these changes have on the prospects for future interaction between these institutions. In conclusion, the prospects for further development of the European Union are outlined, including the need to reform its political and socio-economic systems.

scholarly journals Talking Past Each Other: On Common Misperceptions in the Rule of Law Debate

2020 ◽  
pp. 209-233
Author(s):  
Attila Vincze
Keyword(s):  
Rule Of Law ◽  
European Parliament ◽  
The Other ◽  
Quality Of Democracy ◽  
The Rule Of Law ◽  
Eu Policies ◽  
The One ◽  
The Eu ◽  
Constitutional Changes

Abstract This chapter deals with shortcomings of the EU policies vis-à-vis Hungary and partially also Poland. Firstly, it depicts the argument that the EU’s diagnosis of illiberal backsliding is too narrow. When assessing the quality of democracy in Hungary and Poland, the Commission and the European Parliament almost exclusively focus on recent constitutional changes, and thereby overlook many other deficits which lead to a distorted picture. Secondly, there is a legitimate debate on the meaning of the basic values of the EU. Article 2 TEU contains many open-textured expressions, which might be understood differently. Thirdly, due to the incomplete diagnosis, the instruments currently being used to combat backsliding tendencies seem ill-suited on the one hand, and, on the other, the EU surprisingly does not seem to make best use of currently available tools. The chapter concludes by highlighting and discussing possible improvements of EU strategies towards backsliding states.

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