scholarly journals “Acting in Accordance with the Ordinary Legislative Procedure…”: Metadiscourse in EU Regulations on Immigration

2021 ◽  
Vol 11 (3) ◽  
pp. 49
Author(s):  
Michela Giordano ◽  
Antonio Piga
Keyword(s):  
Professional Practice ◽  
Teaching Experience ◽  
European Law ◽  
The World ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Interactional Features ◽  
Point Of Departure ◽  
Parallel Texts ◽  
The Eu

The ongoing Pan-European integration process has profoundly influenced the nature of European law and its development, demanding a review of “the ways of how language […] is materialized” (Gibová, 2009, p. 192). EU multilingualism is thus becoming an intricate concept since “EU translation is […] becoming the language of Europe” (Gibová, 2009, p. 192) encompassing a supranational view of the world conveyed in EU-wide legislation. Very much in line with this assumption, and taking into account the teaching experience in Specialised Translation Masters’ courses training would-be professional translators, this study examines a corpus of European Parliament Regulations on immigration. In order to understand whether dissimilarities and/or congruencies occur between the EU working language, i.e., English, and the Italian versions, the metadiscourse framework by Hyland (2005), comprising both interactive and interactional features, is used as the point of departure for the analysis of parallel texts. The Regulations produced by EU institutions and conveyed and transmitted both in English as a “procedural language” (Wagner, Bech, & Martίnez, 2012) as well as in Italian have been scrutinized both quantitatively and qualitatively, in order to draw precious pedagogical implications for translation studies and professional practice for future qualified and trained translators.

scholarly journals BRIEF CONSIDERATIONS ON THE EUROPEAN LEGISLATIVE PROCEDURES, WITH PARTICULAR REFERENCE TO PASSERELLE CLAUSES

2017 ◽  
Vol 11 (1) ◽  
pp. 7-15
Author(s):  
Mihaela Pătrăuș ◽  
Darius-Dennis Pătrăuș
Keyword(s):  
Lisbon Treaty ◽  
National Parliaments ◽  
Judicial Cooperation ◽  
Legislative Procedures ◽  
The Family ◽  
Defence Policy ◽  
European Policies ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Eu

The Lisbon Treaty in order to strengthen the EU's capacity to decide, to act and to ensure the legitimacy of decisions taken at the same time, reformed the decision-making process of the EU, particularly by changing the legislative procedures in force.Among the novelties of the Lisbon Treaty, we must mention the passerelle clauses, which according to the ordinary legislative procedure will be generalized, under certain conditions, in areas which were initially outside its scope.The treaty nominates two types of passerelle clauses: the general passerelle clause which applies to all European policies and the enabling of this clause will be authorized by a decision of the European Council, acting unanimously; the passerelle clauses specific to certain European policies (MFF, Common Security and Defence Policy, judicial cooperation regarding the family rights- this specific clause is the only one explaining which national parliaments keep their right to oppose; cooperation is strengthened in the areas governed by unanimity or by a special legislative procedure, social affairs, environmental ).The flexibility introduced through a significant number of passerelle clauses in the Lisbon Treaty allows adjustment of the EU quickly and efficiently, depending on punctual developments, without neglecting the guarantees on the sovereignty of member states.

6. Legislation and Decision-Making

EU Law ◽  
2020 ◽  
pp. 155-193
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
Legislative Process ◽  
Eu Legislation ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.

The Ordinary Legislative Procedure

2019 ◽  
Author(s):  
Maja Kluger Dionigi ◽  
Anne Rasmussen
Keyword(s):  
Decision Making ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Formal Rule ◽  
Rule Changes ◽  
Decision Making Processes ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Free Environment ◽  
The Eu

The ordinary legislative procedure (OLP), previously known as co-decision, has marked a significant milestone in the development of the European Union (EU) and transformed the way its institutions interact. What was initially seen as a cumbersome decision-making procedure subject to considerable criticism ended up being quite successful. The workings of the OLP have gradually developed, including both informal and formal rule changes to ensure a smoother functioning of the procedure. While the EU Council is still seen as the strongest body in the interinstitutional balance, the European Parliament (EP) is a co-legislator in most policy areas. After introducing the option to conclude legislation at first reading, so-called early agreements have become the norm in the OLP. The increase in early agreements by means of trilogues has speeded up decision-making but has not come without costs. Concerns have been raised about the transparency of trilogues and the accountability of the actors involved. Not surprisingly, these concerns have led to a shift in the research of the OLP from an emphasis on the powers of the different EU institutions to early agreements and their consequences for democratic legitimacy. Our careful review of the EU institutions’ own rules and practices governing trilogue negotiations shows that the rules and procedures for the conduct of negotiations have been adapted significantly over time. While there is a continued need for the EU to keep enforcing openness in its procedures, OLP interinstitutional bargaining does not operate in a rule-free environment. Yet most democratic scrutiny has been directed at the internal decision-making processes in the EP rather than at maximizing openness on the Council side or with respect to input from interest groups in the negotiation processes.

5. Legislation and Decision-Making

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
Legislative Process ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit.

scholarly journals Special legislative procedure in EU law: areas of regulation and specifics of interinstitutional cooperation

2021 ◽  
Vol 7 (2) ◽  
pp. 83-95
Author(s):  
I. V. Astapenko ◽  
N. N. Mazaeva
Keyword(s):  
European Union ◽  
Public Relations ◽  
General Rule ◽  
Legal Regulation ◽  
The European Union ◽  
Dual Nature ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Right ◽  
The Eu

The article is devoted to the issue of cooperation between the institutions of the European Union in the process of adopting legal acts within the framework of a special legislative procedure. Authors analyzed the scope of application of special legislative procedure and ordinary legislative procedure in the EU. It was revealed that the adoption of acts in accordance with one or another type of legislative procedure reflects the dual nature of the European Union, which contains both supranational and interstate principles of legal regulation of various spheres of public relations. The main types of special legislative procedure (consultation, approval) are considered, within the framework of which, in practice, there is intense inter-institutional interaction in the process of developing the final text of the draft act, including through informal consultations and other procedures not directly enshrined in the EU primary law. Although the Council continues to dominate in most cases of the use of special legislative procedure, Parliament nevertheless has relatively wide opportunities to influence the position of the Council. De facto, the expansion of the Parliaments powers within the framework of a special legislative procedure is facilitated by both the position of the EU Court, expressed in a number of decisions on specific cases, and the increased degree of Parliaments influence on the activities of the Commission (which, as a general rule, has the right to initiate legislation), enshrined in the provisions of the constituent agreements.

scholarly journals Evaluating the Impact of the Lisbon Treaty on the European Union’s Legislative Productivity

Politeja ◽  
2019 ◽  
Vol 15 (54) ◽  
pp. 229-241
Author(s):  
Adam Kirpsza
Keyword(s):  
Negative Binomial ◽  
Negative Binomial Regression ◽  
Treaty Of Lisbon ◽  
Binomial Regression ◽  
Legislative Proposals ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Legislative Productivity ◽  
The Impact ◽  
The Eu

The purpose of this article is to analyze whether the Treaty of Lisbon provisions have – as expected – increased the EU legislative productivity. To this end, the author tests the hypothesis that the TL has increased the number of legislative proposals submitted by the European Commission under the ordinary legislative procedure. This expectation is verified using a negative binomial regression on a dataset containing 1116 draft acts proposed by the Commission in 2004‑2014. The analysis shows that, contrary to expectations, the Treaty of Lisbon has not led to a visible increase in EU legislative productivity. Despite the extension of treaty bases envisaging the OLP and QMV, the number of proposals submitted under this procedure after the entry into force of the TL remained more or less at the same level as before. In addition, the study reveals that adaptation, anticipation of future enlargement, closeness to the end of the EP term as well as annual schedule of legislative work are key predictors of the Commission’s productivity.

2. Union Legislation

2020 ◽  
pp. 37-60
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
International Agreements ◽  
The European Union ◽  
European Legislation ◽  
Constitutional Principle ◽  
Legislative Procedures ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
Procedural Rights ◽  
The Eu

This chapter examines how the European Union institutions cooperate in the creation of European legislation. Unlike many national legal orders, the EU Treaties expressly distinguish two types of legislative procedures: an ordinary legislative procedure and special legislative procedures. According to the ordinary legislative procedure, the European Parliament and the Council act as co-legislators with symmetric procedural rights. European legislation is here seen as the product of a ‘joint adoption’ by both institutions. Meanwhile, the defining characteristic of the special legislative procedures is that they abandon the institutional equality between the Parliament and the Council. The chapter then looks at the principle of subsidiarity—an EU constitutional principle that was designed to prevent the EU legislator from exercising its competences where the Member States would be able to achieve the desirable social aim themselves. It also considers the procedure for the conclusion of international agreements.

scholarly journals “The Rule of Law Mechanism” and the Hungarian and Polish Resistance: European Law Against National Identity?

2021 ◽  
Vol 14 ◽  
pp. 49-67
Author(s):  
Christoph J. Schewe ◽  
◽  
Thomas Blome ◽  
Keyword(s):  
Rule Of Law ◽  
Economic Recovery ◽  
Adoption Process ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
The World ◽  
The Eu

Similarly to the rest of the world, the COVID-19 pandemic has also hit the European Union (EU) severely. In order to foster the process of the economic recovery of EU Member States, the EU Member States agreed on a financial aid package combined with a regulation – the conditionality mechanism – that provided for financial sanctions in the event of a breach of the rule of law. Given that the positions of Poland and Hungary in the adoption process of this regulation caused a controversy, this article examines general questions on the rule of law, the regulation and the background to the controversy.

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