Die demokratische Legitimation der Europäischen Wertpapier- und Marktaufsichtsbehörde und ihrer Rechtsakte

2021 ◽  
Author(s):  
Dominik Stolz
Keyword(s):  
Financial Crisis ◽  
European Commission ◽  
Constitutional Law ◽  
Democratic Legitimacy ◽  
Legislative Process ◽  
Basic Principles ◽  
Complex Processes ◽  
Demokratische Legitimation ◽  
Financial Crisis Of 2008

The key matter of this book is a phenomenon not only at EU level which is now analyzed from a European and constitutional law perspective: Non-elected expert bodies are significantly involved in the legislative process. With respect to increasingly complex processes and detailed issues, and bearing in mind the experience of the financial crisis of 2008/2009, bodies like the European Commission and Parliament are relinquishing far-reaching powers. Regarding ESMA the question arises whether basic principles of democratic legitimacy have been violated. Therefore, which standard is to be applied at EU level? In other words: Is it the end that justifies the means?

scholarly journals Innerstaatliche Umsetzung und demokratische Legitimation von ICSID-Investitionsschiedssprüchen

2021 ◽  
Author(s):  
Christoph Blotenberg
Keyword(s):  
Constitutional Law ◽  
Democratic Legitimacy ◽  
Investment Arbitration ◽  
Demokratische Legitimation ◽  
The Right ◽  
Arbitration Award

The paper is the first to analyze the democratic legitimation of investment arbitration tribunals, which is often discussed in public but not yet fully researched. Initially, the content of the FET clauses is conclusively examined on the basis of the decisions of the arbitral tribunals. This is followed by an examination of how Germany could be bound by an investment arbitration award and what constitutional consequences follow from this. After considering the relevance under constitutional law and the implications for the Right to Regulate, it is determined what degree of democratic legitimacy the arbitral tribunals have and whether this satisfies the principle of democracy.

scholarly journals Criminal law in the shadows: creating offences in delegated legislation

Legal Studies ◽  
2018 ◽  
Vol 38 (2) ◽  
pp. 221-241
Author(s):  
James Chalmers ◽  
Fiona Leverick
Keyword(s):  
Criminal Law ◽  
Democratic Legitimacy ◽  
Legislative Process ◽  
Consultation Process ◽  
Basic Principles ◽  
Direct Participation ◽  
Minimum Requirements ◽  
Limited Opportunity ◽  
The Uk ◽  
Basic Minimum

AbstractSubstantial numbers of criminal offences are created in the UK in delegated legislation, often carrying heavy maximum penalties. The majority are created in statutory instruments passed under the negative resolution procedure, which offers very limited opportunity for scrutiny and does not involve a parliamentary vote. This phenomenon has slipped under the radar of orthodox criminal law scholarship, where debate has focused primarily on the criteria that should be used to determine the content of the criminal law and on the principles to which such offences should conform, rather than on the process of creating criminal offences. Creating offences in delegated legislation raises questions of democratic legitimacy and has resulted in criminal offences being created which do not conform to basic principles of fair notice and proportionality of penalty. To address this, we propose that parliamentary approval should be required for all serious offences. It would be impractical to do this for all criminal offences, and direct participation in the legislative process via consultation can act as an alternative (or additional) legitimating principle. This does, however, require that the consultation process complies with certain basic minimum requirements, and we explain how these requirements might appropriately be framed.

Normative dimensions of central banking: How the guardians of financial markets affect justice

2017 ◽  
Author(s):  
Peter Dietsch
Keyword(s):  
Monetary Policy ◽  
Financial Crisis ◽  
Financial Markets ◽  
Central Banking ◽  
Democratic Legitimacy ◽  
Policy Agenda ◽  
Theory Of Justice ◽  
Introductory Section ◽  
The Impact

Monetary policy, and the response it elicits from financial markets, raises normative questions. This chapter, building on an introductory section on the objectives and instruments of monetary policy, analyzes two such questions. First, it assesses the impact of monetary policy on inequality and argues that the unconventional policies adopted in the wake of the financial crisis exacerbate inequalities in income and wealth. Depending on the theory of justice one holds, this impact is problematic. Should monetary policy be sensitive to inequalities and, if so, how? Second, the chapter argues that the leverage that financial markets have today over the monetary policy agenda undermines democratic legitimacy.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

Drag resistance: Necropolitics, queer survival and a Balkan counterpublics

2021 ◽  
Vol 6 (2) ◽  
pp. 159-174 ◽  
Author(s):  
T. Anna
Keyword(s):  
Financial Crisis ◽  
Right Wing ◽  
Cultural Events ◽  
Starting Point ◽  
Political Choices ◽  
Financial Crisis Of 2008 ◽  
Political Scene ◽  
Drag Queens

Taking the murder of Greek HIV+ and queer activist Zak Kostopoulos as its starting point – an exercise of necropolitical power in broad daylight – this article explores the work of drag queens in Greece and their aesthetic/political choices. It interprets their performances as tactics of survival and resistance and as creative responses to queer trauma. The role of queerfeminist spaces, cultural events and collectives also is examined as a response to the increasing right-wing turn in the country’s political scene – itself the result of the financial crisis of 2008. It imports José Esteban Muñoz’s disidentifications and counterpublics, Elizabeth Freeman’s erotohistoriography and Achille Mbembe’s necropolitics into the Greek/Balkan context and analyses the particular configurations and intersections of sexualities, genders, statehood, race, class and religion in Greece. It then examines disidentifications and counterpublics as empowering practices of community forming, offering glimpses of a queer Balkan counterpublics and the tools employed towards its making (humour, parody, reclaiming, disidentification, mourning and embodied pleasures).

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

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