Dissertations / Theses on the topic 'European legislative process'

Os entrelaçamentos de ordens legislativas envolvem o cruzamento de estruturas jurídico-políticas de diferentes níveis: internacional, transnacional, supranacional e nacional. A análise dos entrelaçamentos pela perspectiva da diplomacia parlamentar e do processo legislativo geram uma capacidade de avaliação crítica em torno se de sua legitimidade. A tese tem como tema o Poder Legislativo, um dos pilares da prática democrática da grande maioria dos Estados do século XXI, assegurando a representação no processo político. O Poder Legislativo consiste na delegação soberana e legítima de fazer a lei aplicável em um determinado território. Ainda que consolidado no âmbito das constituições nacionais, o Poder Legislativo não tem sido estudado, no plano internacional. Contudo, a crescente incorporação de normas internacionais ao nível doméstico suscita a questão da legitimidade democrática da criação dessas normas, sendo trabalhado por seus dois elementos constituintes: processo e representação legislativa. O processo legislativo é entendido como ideologia, pois mesmo como procedimento ou forma é identificado com uma estrutura de poder que prioriza certos resultados. A sua análise é aqui proposta por meio dos paralelos entre ordens legislativas nacionais e extranacionais. A representação legislativa é abordada por meio do conceito de diplomacia parlamentar, que engloba uma série desordenada de atividades e poderes de parlamentares ou processos parlamentares nas relações internacionais. Sendo assim, esse conceito será sistematizado, primeiramente por dois níveis: o nível democrático por meio de um código eleito/não-eleito; e um segundo nível por suas funções: legislativa, fiscalizadora e/ou diplomática. Como base teórica, busca-se abrigo no transconstitucionalismo e na perspectiva da teoria crítica das relações internacionais. Como método, utiliza-se uma revisão teórica com exploração de estudos de casos. Os casos evidenciam a existência de entrelaçamento de ordens legislativas em duas relações: supranacional/nacional e transnacional/nacional. Contudo, produzem resultados opostos. Enquanto a União Europeia apresenta um entrelaçamento constituído por processos transparentes, legítimos e dotados de mecanismos de participação, na relação entre suas instituições supranacionais e os Estados-membros, a lex sportiva do futebol produz um entrelaçamento opaco, ilegítimo e hermético à participação na relação da sua ordem transnacional e o processo legislativo estatal brasileiro.
The interlacements of legislatives orders involve the legal and political structures crossing of different levels : international , transnational , supranational and national . The interlacements analysis through the parliamentary diplomacy and legislative outlook generate a critical assessment capacity around its legitimacy. The thesis\' theme is the Legislative Power, one of the pillars of democratic practice of the vast majority of states in the twenty-first century, ensuring representation to the political process. The Legislative Power consists in the sovereign and legitimate delegation to making the law applicable in a given territory. Although funded in national constitutions, the Legislative Power has not been studied in international relations. However, the increasing incorporation of international law at the domestic level raises the question of the democratic legitimacy of the development of such norms. Therefore, it will be developed by its two founding concepts: process and legislative representation. The legislative process is understood as ideology, because even as a procedure or form it is identified as a structure power that prioritizes given results. Its analysis is proposed here through the parallels between national and extranational legal orders. The legislative representation is addressed through the concept of parliamentary diplomacy which includes a disorderly series of activities and powers of parliament or parliamentary procedures in international relations. Thus, this concept will be systematized by two levels: first, the democratic level with an unelected/elected code; and a second level concerning its functions: legislative, accountable and/or diplomatic. As a theoretical basis, we seek shelter in transconstitutionalism and the critical theory of international relations. As a method, it is used a theoretical review on exploration of case studies. The cases show the existence of interlacements of political orders in two relationships: supranational/national and transnational/national. However, it produces opposite results. While the European Union has an interlacement consisting, transparent, legitimate and endowed with mechanisms of participation, with the relationship between supranational institutions and their Member States, the football lex sportiva produces interlacement opaque, illegitimate and hermetic in relation to the participation of its transnational order with the Brazilian state legislative process.

The doctoral thesis examines process of IFRS development, endorsement and enforcement from the perspective of accounting regulation on global scale, identifies nature of IFRS due process in all its phases and compares IFRS due process with accounting regulation in Czech Republic, especially with legislative process of creating Czech accounting legislation. The due process of any accounting rules, whether standards or legislation, determines quality of these rules and consequently also potential level quality of financial statements prepared in accordance with such rules. Process of IFRS development and endorsement is to guarantee quality of standards that are the output of such a process. For global accounting harmonization, which requires transparent, reliable and comparable information in financial reporting across countries of the world, the IFRS due process is essential. The whole process of IFRS development, endorsement and enforcement, which develops IFRS as global accounting standards, also is connected with several obstacles associated to political and social aspects as well as to cultural differentiation. In the thesis the legal systems, as determinants of the nature of accounting regulation, are used for analysis and identification of possible natures of accounting regulation from global perspective. For global accounting regulation it is necessary its acceptance by major interested parties, specification of the range of entities for which it is meaningful and desirable, establishment of an independent, reliable and respected international professional organization in the role of standard-setter and development of a sophisticated, transparent and comprehensive standard setting process. Besides the thorough analysis of particular phases of IFRS due process, the thesis also maps current acceptance of IFRS in the world and describes endorsement process in Europe Union applied for the adoption of IFRS within its area, what provides an integrated view of current evolution in global accounting harmonization. Global accounting regulation, which requires the adoption and application of IFRS in their original range, still faces many obstacles. Less than half countries of G20 (ie 9 countries) requires the use of IFRS in their original form for listed companies. Problem with such acceptance of IFRS especially have the countries with tradition based on Roman law (continental European legal culture), where the creation of rules is exclusive subject to state. Quantitative analysis of IFRS due process performed on three selected projects of IASB agenda is a core of application part of the thesis. On the basis on the timeline the analysis follows particular steps of IFRS due process, especially from the perspective of particular comment periods quantified through the comments received, not only in number but also the composition of comments by geographical region and respondent type. The analysis showed the due process as complicated and time-consuming process leading to global consensus of opinions and also showed the importance of compliance of its complexity, which leads to general agreement on adopted solutions and to global acceptance of these solutions by all of the interested parties. The analysis of IASB due process leads into its comparison with legislative process of creating accounting legislation in Czech Republic. The comparison of both of the processes enables to identify the weaknesses of Czech due process and provides specific recommendations for its improvement and increase efficiency. From the perspective of nature of accounting regulation the delegation of creating accounting rules from the state to the accounting profession is important especially to strengthen the quality, understanding and acceptance of accounting rules, which can be effectively ensured through the due process different from that legislative. The IFRS due process is an inspiration in this case.

Questa tesi di ricerca si occupa del ruolo rivestito dai parlamenti nazionali italiano, britannico e tedesco. Analizza il modo in cui questi parlamenti partecipano al processo decisionale ed implementano il diritto dell'Unione europea dopo il Trattato di Lisbona. La ricerca si concentra su un'analisi comparata delle leggi, delle procedure e consuetudini parlamentari al fine di esaminare il ruolo rivestito dai parlamenti nazionali nel contesto europeo. Il nuovo quadro giuridico previsto dal Trattato di Lisbona promuove la creazione di un sistema parlamentare integrato, basato sulle istituzioni europee e sui parlamenti nazionali cui è attribuito un ruolo più incisivo nel processo decisionale europeo, nella convinzione che un loro maggiore coinvolgimento possa contribuire a garantire un livello più efficace di democrazia nel funzionamento complessivo dell'Unione. I parlamenti nazionali possono contribuire a rendere l'U.E. più o meno efficiente. Essi sono chiamati a svolgere un ruolo rilevante nel processo legislativo europeo, in particolare nella fase di formazione delle politiche e del diritto dell’Unione europea (c.d. fase ascendente) e nel monitoraggio dell'esecuzione del principio di sussidiarietà. Il Trattato di Lisbona introduce norme di partecipazione diretta dei parlamenti nazionali nel processo legislativo europeo, trasformandoli in "guardians of subsidiarity". Il Trattato di Lisbona e i relativi Protocolli riconoscono il ruolo della cooperazione interparlamentare, affidando ai parlamenti nazionali il compito di promuovere e organizzare la sua realizzazione all'interno dell'Unione europea. In questa prospettiva le competenze delle commissioni specializzate in affari europei e della COSAC (Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union) sono ulteriormente potenziate.
This research thesis deals with the role of national parliaments in Italy, United Kingdom and Germany. It analyses the way in which these Parliaments participate in the European Union and implement the Law of the European Union after the Treaty of Lisbon. The research focuses on a comparative analysis of parliamentary procedures, instruments, and practices in order to examine the respective roles of the European Institutions and the national parliaments within the European framework. The new legal framework laid down the Treaty of Lisbon encourages the creation of an integrated parliamentary system, based on the European Parliament and on the national parliaments which are assigned a more incisive role in the European decision-making process, in the belief that these innovations may contribute to guaranteeing a more effective level of democracy in the overall functioning of the Union. The national parliaments can contribute to making Europe more or less effective. They will be called on to play a more important role in the European law-making process, specifically in the pre-legislative dialogue with European institutions and particularly in the monitoring of the enforcement of the subsidiarity principle in European legislation proposals. The Treaty of Lisbon regulations introduce direct participation of national parliaments in the European law-making process, transforming them into the "guardians of subsidiarity". The Treaty of Lisbon and the related protocols recognise and encourage interparliamentary cooperation, entrusting national parliaments with the task of promoting and organising its achievement within the European Union. In this perspective, the competences of the Conference of Community and European Affairs Committees of Parliaments of the European Union (COSAC) are further enhanced. In this thesis, the reasons for overall inclusion of national parliaments in the European Union activities are analysed. The role of national parliaments in the EU according to the specific provisions of the EU treaties is also discussed and the largest part of the work is devoted to the ex ante subsidiarity principle control mechanism (the Early Warning System), which gives the right for the national parliaments to influence the EU legislative process.

The democratic deficit of the European Union The European Parliament in the legislative process of the European Union - in comparison with the position of the Bundestag This thesis examines the democratic deficit of the European Union based on the comparison of the position of the European Parliament in the legislative process of the European Union and the Bundestag in German legislative process. I chose the comparison with the Bundestag because out of all the Member States, the German political system and its legislative process resembles the one of the European Union the most. The purpose of this thesis is to determine whether and to what extent, taking into consideration the strengthening of the European Parliament in recent years, we can still discuss the democratic deficit of the European Union, when the European Union citizens and their elected representatives were excluded from effective participation in the adoption of legislative acts. The thesis is divided into three parts. The first part deals with the context of the democratic deficit of the European Union within the role of the European Parliament according to a number of leading authors on the issue of European integration. The second part is devoted to the legislative process in Germany, focusing on the position and role of the Bundestag in...

The aim of the master thesis "The role of the European Council in the pre-legislative phase of the European legislative process" is to analyse position and influence of the European Council before proposing an official legislative proposal by the European Commission in the EU's legislative process. This pre-legislative phase of a designing of a European legislation is important, though informal. The aim of this master thesis it to find out how strong is the European Council in an agenda setting when it comes to a European legislation and to what extent the Commission is inspired or follows the European Council's conclusions when proposing a legislation. According to many authors who this thesis referring to and their research that this thesis follows, an importance and influence of the European Council has been growing a lot, recently. In their view, it has been happening primarily during serious political or economic crisis. The Commission's position as the only official proposer of a European legislation weakens in that moments while influence of the EU summits grows. The question is if it is true and how much we can really argue that during European crisis the EU's executive power is so weakened that it does not - without ex ante "permission" and ex ante "consultation" with the summits - allow...

This thesis is embedded in the theoretical approach of multilevel governance and presumption of the rational behaviour of actors. Using the method of process tracing it aims to uncover the legislative process in the European Union. It is a single case study and as a case was chosen the negotiation of the regulation of the citizens' initiative. Various actors were involved in the negotiations, this thesis focuses on the main one - European Commission, European Parliament, the Council, interest organisations and national parliaments. The thesis presumed, that all actors will try to push through their interests based on their rational choice. This presumption was verified, although the success rate of the players varied a lot. As the most successful should be considered the European Parliament, who defended the interests of the individuals and the Council, which apparently represented the interests of the governments of the member states (especially in the issues of lowering the bureaucratic burden). The interest organisations showed their positions clearly, however the Commission did not take their positions much into account while preparing the draft regulation. The position of the national parliaments was different then presumed. Although the thesis expected them to be directly involved in the...

The master's thesis focuses on the influence of interest groups during the creation of the 2012 Proposal for a Directive on collective rights management. In particular, the thesis deals with the pre-legislative phase of the legislative process, which began in April 2004. The theoretical framework includes conceptualization of interest groups, lobbying and influence. The mechanisms of influence are analysed using two theories - rational choice theory and rational choice institutionalism. The thesis utilizes process tracing - theory testing as a main methodological approach. Empirical evidence is investigated by analysing primary sources. The main subjects of the analysis are the most relevant documents from the European Commission concerning the pre-legislative phase. Four semi-structured interviews with selected relevant actors were also conducted. The thesis concludes by confirming/ disproving of the main hypothesis: Specific interest groups succeeded in influencing the text of the proposal for a directive on the collective management of copyright.

Aim of this Diploma Thesis is to have a closer look at current powers of National Parliaments of the Member States to influence legislative process of the European Union. The main question is how do National Parliaments control legislative process in practise. Theoretical Framework is based on a debate about Democratic Legitimacy of the European Union. First the term needs to be defined and basic arguments about the (non)existence of Democratic deficit need to be introduced, then the research question can be introduced. The main focus is on Early Warning Mechanism and a process of issueing of reasoned opinions. An assumption is that through a process of issueing those reasoned opinions by National Parliaments that consist of a democratic elected political parties a Democratic Legitimacy of the European Union could be strenghtened. It is a one-case study of Czech Parliament. All the reasoned opinions, that Czech Senate and Czech Chamber of Deputies issued, will be analysed.

The aim of this thesis is description of the EU legal process during and after Brexit. The thesis includes description of functioning of European Union institutions. Also, there is a description of the legislative process, a description of the course of the referendum on Brexit and a summary of the impacts, especially the economic ones. One of main themes of the practical part is the analysis of changes that will occur in institutions after the departure of Great Britain - what will be the new composition and what specific changes will happen here. In the practical part, the research question was set: How will the failure of the British mandate influence the course of voting in the EU Council? For finding answer on the research question, was made an analysis of legal acts which was approved by the ordinary legislative procedure 2014-2018. There is a special focus on the UK position during the vote analysis. The analysis is based on data that comes from the EU portal, which allows access to EU law - Eur-lex.europa.com. Data was collected and divided by reference years and by the country's position.

This diploma thesis examines networking of interest groups. It presents potentional entrance points for influencing legislative processes in the EU. The thesis focuses mainly on European Commission's public consultations. It tries to answer the question whether the interest groups cooperate strategically or whether they try to reach their goals on their own. This thesis is grounded in the framework of the network theory and uses the method of graphic modeling. For the research we have selected three areas of European Commission's consultations. The participating interest groups were chosen based on their characteristics and the consultations they took part in. We have found out that among the interest groups gathered around European Commission there is no close collaboration taking place. Furthermore, the interest groups act rather spontaneously as they are generally only taking part in individual consultations. Only 12.3% of them participated in more than one consultation and they were mainly registered organizations.

Embora se observem altos níveis de coesão partidária no Parlamento Europeu em detrimento da coesão nacional ao longo do tempo, é persistente um comportamento legislativo que leva os Eurodeputados a adoptar uma posição rebelde em relação ao sentido de voto dos seus grupos parlamentares e/ou partidos nacionais numa pequena percentagem dos casos. Porquê? Assumindo uma investigação exploratória, as nossas proposições são construídas num enquadramento conceptual sistémico que pretende evidenciar a origem dos constrangimentos no comportamento legislativo. Pretendemos explicar as razões para o voto rebelde e a sua tipologia. O recurso a entrevistas semiestruturadas aos Eurodeputados portugueses da 6ª e 7ª legislatura do Parlamento Europeu pretendeu contribuir para a compreensão deste fenómeno. Concluímos que o factor institucional é o principal motor para explicar o equilíbrio do comportamento legislativo dos deputados portugueses na apreciação das políticas publicas no Parlamento Europeu.

The rule-making power of the European Commission, dissertation Mgr. Mgr. Jiří Lenfeld, M.A.; supervisor: doc. JUDr. Richard Král, Ph.D., LL.M. Charles University, Faculty of Law, Department of European Law Prague, March 2013 The aim of the dissertation is to analyse the role of the European Commission in the legislative process of the European Union with the focus on procedures for adoption of legally binding Union acts. The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and manages the day-to-day business of implementing EU policies. However, to limit the role of the European Commission to that of an executive body would be misleading. Its role in the EU institutional system is much broader than that. The European Commission is the most important legislator among the EU institutions and is also empowered with an almost exclusive power to submit drafts of EU legal acts. The rule-making power of the European Commission could be seen from two different points of view. In a narrow sense of the word it could be seen as a power conferred on the European Commission by the Treaties to propose drafts and to adopt EU legal acts implementing legally binding Union acts. However, the exercise of the rule-making power may...

Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort.
Criminal and Procedural Law
Mercantile Law
LL.D.