To see the other types of publications on this topic, follow the link: European legislative process.
Journal articles on the topic 'European legislative process'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'European legislative process.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Szabó, Zsolt, and Herbert Küpper. "Legislation and Legislative Process in Eastern Europe." International Journal of Parliamentary Studies 1, no. 1 (April 26, 2021): 73–108. http://dx.doi.org/10.1163/26668912-bja10008.
Full textAbstract:
Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.
2
Dashwood, Alan. "European Community Legislative Procedures After Amsterdam." Cambridge Yearbook of European Legal Studies 1 (1998): 25–38. http://dx.doi.org/10.1017/s1528887000001038.
Full textAbstract:
When it enters into force on 1 May 1999, the Treaty of Amsterdam will bring amendments to, among other things, the legislative process of the European Community. There will be no change as far-reaching as the introduction of the so-called “co-decision procedure” by the Treaty on European Union (TEU), but a genuine attempt is made to streamline the process, to render it more transparent and to enhance democratic accountability. Inevitably, though, not all the changes will be for the better. Two steps forwards and one back is, as ever, the favoured locomotive style of the Union’s constitution-makers.
3
Matei, Ciora, Dumitru, and Ceche. "Efficiency and Effectiveness of the European Parliament under the Ordinary Legislative Procedure." Administrative Sciences 9, no. 3 (September 12, 2019): 70. http://dx.doi.org/10.3390/admsci9030070.
Full textAbstract:
In the aftermath of the 2019 European elections, the article tries to assess the efficiency and effectiveness of the European Parliament within the framework of the ordinary legislative procedure (co-decision). After defining and formulating the main indicators, the paper analyses the micro- and macro-performance of the European Parliament within the decision-making process from a quantitative-qualitative and a qualitative-quantitative perspective; highlighting the relativizing factors and the responsiveness of the European decision-making process to the Europeans’ needs.
4
Dashwood, Alan. "3 European Community Legislative Procedures After Amsterdam." Cambridge Yearbook of European Legal Studies 1 (1998): 25–38. http://dx.doi.org/10.5235/152888712802821133.
Full textAbstract:
When it enters into force on 1 May 1999, the Treaty of Amsterdam will bring amendments to, among other things, the legislative process of the European Community. There will be no change as far-reaching as the introduction of the so-called “co-decision procedure” by the Treaty on European Union (TEU), but a genuine attempt is made to streamline the process, to render it more transparent and to enhance democratic accountability. Inevitably, though, not all the changes will be for the better. Two steps forwards and one back is, as ever, the favoured locomotive style of the Union’s constitution-makers.
5
Crombez, Christophe. "Information, Lobbying and the Legislative Process in the European Union." European Union Politics 3, no. 1 (March 2002): 7–32. http://dx.doi.org/10.1177/1465116502003001002.
Full text
6
Kowalsky, Wolfgang. "The Services Directive: the legislative process clears the first hurdle." Transfer: European Review of Labour and Research 12, no. 2 (May 2006): 231–49. http://dx.doi.org/10.1177/102425890601200209.
Full textAbstract:
In January 2004 the European Commission put forward a proposal for a Directive on services in the internal market that triggered considerable controversy both within the European institutions and amongst the public at large. It was praised by its proponents as a breakthrough for the internal market and sharply criticised by opponents as being a neoliberal abandonment of the Community approach that would merely encourage social and ecological dumping. This paper looks beyond the polemics, myths and ideological battles associated with the issue and attempts to examine the core elements of the proposal in order to identify its objectives and the problems associated with it. It also traces the intensive work carried out by the European Parliament, which discussed the proposal over a period of two years before coming to a decision on it. The ETUC critically monitored the Parliament and the Council during this process, articulating its demands very clearly — and with a large degree of success — through a combination of intensive lobbying and demonstrations.
7
Bodson, Benjamin. "To What Extent Can the CJEU Contribute to Increasing the EU Legislative Process’ Transparency?" Politics and Governance 9, no. 1 (March 31, 2021): 272–80. http://dx.doi.org/10.17645/pag.v9i1.3969.
Full textAbstract:
Alongside other actors such as the European Ombudsman, the Court of Justice of the European Union (CJEU) plays what looks like, at first sight, a key role in improving the transparency of EU legislative procedures. To take two relatively recent examples, the <em>De Capitani v. European Parliament</em> (2018) judgment was perceived as a victory by those in favor of increased transparency of EU legislative procedures at the stage of trilogues, as was the <em>ClientEarth v. European Commission</em> (2018) judgment regarding the pre-initiative stage. Both rulings emphasize the need for “allowing citizens to scrutinize all the information which has formed the basis of a legislative act…[as] a precondition for the effective exercise of their democratic rights” (<em>ClientEarth v. European Commission</em>, 2018, §84; <em>De Capitani v. European Parliament</em>, 2018, §80). Nevertheless, while the CJEU’s case law may indeed contribute to improving the legislative process’ transparency, its impact on the latter is inherently limited and even bears the potential of having a perverse effect. This article sheds light on the limits of the CJEU’s capacity to act in this field and the potential effects of its case law on the EU institutions’ attitudes or internal organization.
8
Otenko, P. V. "Two sides of the contemporary system of quasi-legislative acts of the Commission of the European Union." Актуальні проблеми держави і права, no. 89 (April 29, 2021): 62–68. http://dx.doi.org/10.32837/apdp.v0i89.3192.
Full textAbstract:
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.
9
Selck, Torsten J. "Conceptualizing the European Union Legislative Process: Some Insight from theFederalist Papers." Journal of European Integration 28, no. 2 (May 2006): 121–36. http://dx.doi.org/10.1080/07036330600615771.
Full text
10
Tacea, Angela. "A New Research Agenda: How European Institutions Influence Law-Making in Justice and Home Affairs." Politics and Governance 9, no. 3 (July 30, 2021): 5–15. http://dx.doi.org/10.17645/pag.v9i3.4081.
Full textAbstract:
The article presents a dataset on the legislative procedure in European Justice and Home Affairs (JHA) and a new method of data processeing. The dataset contains information on 529 procedures proposed between January 1998 and December 2017. For each of the legislative proposals, the dataset identifies the main elements of the legislative procedure (e.g., dates, types of procedure, directory codes and subcodes, actors, voting results, amendments, legal basis, etc.) and the changes introduced at each step of the legislative process from the text proposed by the European Commission to the final version published in the <em>Official Journal of the European Union</em>. This information has been gathered using text mining techniques. The dataset is relevant for a broad range of research questions regarding the EU decision-making process in JHA related to the balance of powers between European institutional actors and their capacity to influence the legislative outputs.
11
Earnshaw, David, and David Judge. "Early days: The European Parliament, co‐decision and the European Union legislative process post‐Maastricht." Journal of European Public Policy 2, no. 4 (December 1995): 624–49. http://dx.doi.org/10.1080/13501769508407010.
Full text
12
Lesko, Natalia. "Civil society participation in the legislative process." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 71–78. http://dx.doi.org/10.33098/2078-6670.2021.11.23.71-78.
Full textAbstract:
Purpose. The aim of the article is to analyze the participation of civil society in the legislative process. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and formulation of relevant conclusions. During the research, the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, system-structural, and logical-normative. Results. In the course of the research, it was recognized that one of the key ways of interaction between the state and civil society is the participation of citizens in the legislative activity of the parliament. The Verkhovna Rada of Ukraine, as a representative body aimed at protecting the interests of citizens, can promote more active public involvement in its activities. The examples of the European Union countries show that there are many different forms and ways of such participation at different levels of interaction. The presented methods allow determining the general model of citizen participation in the work of the Verkhovna Rada of Ukraine. Forms of public participation in the activities of the parliament are revealed: informing, consulting and dialogue. Citizens’ participation in decision-making is a complex and complex process that takes place under the influence of various factors. Due to the incomplete process of reforming the political system of the country, the system of forms and methods of citizen participation in the decision-making process are in the process of formation and constant transformation. Scientific novelty. The study found that the formation of a model of citizen participation and civil society institutions in the legislative process should reflect the institutional mechanisms of public participation and the integration of civil society structures in the main activities of parliament. Practical significance. The applied value of the research is determined by the fact that the scientific results create a basis for improving the legislation on the participation of civil society institutions in the legislative process.
13
McFadden, Jean. "The Lawmaking Process in The Scottish Parliament." Legal Information Management 1, no. 1 (2001): 35–42. http://dx.doi.org/10.1017/s1472669600000256.
Full textAbstract:
The Scotland Act 1998 which established the Scottish Parliament confers on that Parliament the power to make laws which are known as Acts of the Scottish Parliament. However, the legislative competence of the Parliament is restricted. The main restriction relates to reserved matters, that is those matters which the UK Parliament has not devolved to the Scottish Parliament. These are listed in sch 5 to the Act and cover such matters as defence, taxation, social security and macro-economics. Other significant restrictions on the Parliament's legislative competence are that an Act of the Scottish Parliament cannot make any provision which is incompatible with the European Convention on Human Rights (ECHR) or with European Community law, nor can an Act of the Scottish Parliament modify certain “protected enactments” - including most provisions of the Scotland Act 1998 itself and the Human Rights Act I 998. Finally, an Act of the Scottish Parliament cannot have effect outside Scotland, nor can it remove the Lord Advocate from his position as head of the systems of criminal prosecutions and investigation of deaths in Scotland. An Act of the Scottish Parliament is not law so far as any provision of it is outside the Parliament's legislative competence
14
Dawson, Mark. "Fundamental Rights in European Union Policy-making: The Effects and Advantages of Institutional Diversity." Human Rights Law Review 20, no. 1 (March 2020): 50–73. http://dx.doi.org/10.1093/hrlr/ngaa002.
Full textAbstract:
ABSTRACT This article investigates how the European Union’s political process affects the level of rights protection afforded by European Union (EU) law. It does so in two steps, firstly by analysing how institutional politics plays an important role in the evolution of the EU fundamental rights framework and secondly by demonstrating empirically how legislative interaction affects the level of protection provided by three important EU legislative acts. As the article will demonstrate, this interaction tends to result in the overall level of rights protection being increased. Analysing this finding, the article uses institutionalist theory to argue that the EU’s political process carries certain positive effects: the diversity of the legislative process (both within and between institutions) makes the explicit overlooking of rights-based concerns difficult. These findings carry implications for the increasing tendency to channel EU law and policy outside of the ‘ordinary’ legislative process.
15
Bilyk, G. "Bases of legal adjustment of the reference and management with a soil waste in Ukraine." Visnyk of the Lviv University. Series Geography, no. 37 (September 9, 2009): 55–64. http://dx.doi.org/10.30970/vgg.2009.37.2371.
Full textAbstract:
In the article the analysis of legislative base which regulates references with a waste in Ukraine, and also activity of all authorities involved in this sphere are carried out. In this connection it is necessary to distribute accurately administrative obligations between separate establishments. For qualitative management of a household waste, finances should be provided. Working out and introduction of stimulus is necessary for the use of a waste, as e secondary raw materials in manufacture. In general the, process of implementation in the Ukrainian legislation to the legislation European will partially solve these problems with a waste. Key words: municipal solid waste, waste management, legislative regulates, implementation.
16
Hurka, Steffen, and Maximilian Haag. "Policy complexity and legislative duration in the European Union." European Union Politics 21, no. 1 (July 10, 2019): 87–108. http://dx.doi.org/10.1177/1465116519859431.
Full textAbstract:
This article investigates the impact of policy complexity on the duration of legislative negotiations in the European Union employing survival analysis. We conceptualize policy complexity as a three-dimensional construct encompassing structural, linguistic and relational components. Building on this conceptual framework, we measure the complexity of 889 Commission proposals published under the ordinary legislative procedure between 2009 and 2018. Controlling for institutional and political drivers of legislative duration identified by previous studies, we show that different types of policy complexity influence the duration of the decision-making process in the European Union to varying degrees, at different points in time and partially in unexpected ways. On a general level, our study highlights that developing a better understanding of the origins and consequences of policy complexity in the European Union is a key task for scholars of European integration.
17
Saul, Matthew. "Shaping Legislative Processes from Strasbourg." European Journal of International Law 32, no. 1 (February 1, 2021): 281–308. http://dx.doi.org/10.1093/ejil/chab030.
Full textAbstract:
Abstract The European Court of Human Rights (ECtHR) can review the quality of a legislative process. This article calls such review ‘active subsidiarity’ and investigates empirically when and how such subsidiarity shapes legislative processes by tracing implementation of the Court’s decision in one case: Lindheim and Others v. Norway. How did the ECtHR’s criticism of the absence of a balancing exercise shape the corrective legislative process? The article shows that the ECtHR’s reasoning caused the legislative process to include a visible balancing exercise, but that this did not enhance the democratic quality of the parliament’s work on the rights issues. The article analyses these findings from the perspective of the variety of legislative circumstances that come before the ECtHR. It is difficult to anticipate how active subsidiarity will affect legislative processes as a general matter but certain contexts, such as those of minority governments, may be more conducive to democracy enhancing effects. This has implications for how the ECtHR should formulate active subsidiarity.
18
Shapiro, Martin. "The European Court of Justice: Of Institutions and Democracy." Israel Law Review 32, no. 1 (1998): 3–50. http://dx.doi.org/10.1017/s0021223700015582.
Full textAbstract:
The problem of democracy and judicial review is a problem engendered by successful constitutional courts. For where courts are not successful in establishing veto powers over legislation, no problem or only a very limited problem occurs. Of course any court interpreting statutes in the process of applying them does some law making. How much this law making interferes with democracy depends on how easy it is for the legislature to legislate. Where legislatures can amend statutes easily, they can easily correct “errors” of judicial statutory interpretation. Judicial review of the lawfulness of administrative action essentially involves the same power of statutory interpretation with the same potential for legislative correction.Most of the nations of the world that do not have successful constitutional courts are not democracies. Indeed, no state without considerable claims to democracy has successful judicial review. These facts are clues to the obvious. Constitutional government is limited government. In the real world we do not encounter nondemocratic limited governments although we encounter many shades of more or less democratic, more or less constitutional governments. So there is some affinity between democracy and constitutionalism.
19
Pennetreau, Damien, and Thomas Laloux. "Talkin’ ‘bout a Negotiation: (Un)Transparent Rapporteurs’ Speeches in the European Parliament." Politics and Governance 9, no. 1 (March 31, 2021): 248–60. http://dx.doi.org/10.17645/pag.v9i1.3823.
Full textAbstract:
For policies to be legitimate, both the policy process and the underlying reasons must be transparent to the public. In the EU, the lion’s share of legislation is nowadays negotiated in informal secluded meeting called trilogues. Therefore, presentation of the trilogues compromise by the rapporteur to the European Parliament (EP) plenary is, arguably, one of the few formal occasions for ‘transparency in process,’ i.e., public access to the details of actual interactions between policymakers. The aim of this article is thus to examine the extent to which rapporteurs are transparent about trilogue negotiations when presenting legislative compromises to the EP during plenary sessions, and to assess whether the extent of transparency is linked to the extent of conflict between legislative actors and to elements of the political context related to rapporteurs. To this purpose, we coded 176 rapporteur speeches and, on this basis, concluded that these speeches poorly discuss the trilogue negotiations. Interinstitutional negotiations are discussed in only 64% of cases, and even when they are, the extent of information about trilogues is generally small. While we do not find support for an effect of political conflicts, some characteristics linked with rapporteurs are significantly related to transparency in process of their speeches. This is the case for their political affiliation and their national culture of transparence.
20
Garben, Sacha. "The Constitutional (Im)balance between ‘the Market’ and ‘the Social’ in the European Union." European Constitutional Law Review 13, no. 1 (January 27, 2017): 23–61. http://dx.doi.org/10.1017/s1574019616000407.
Full textAbstract:
An assessment of the balance between ‘the market’ and ‘the social’ by reference to the areas of social policy, the internal market and economic governance – Imbalance resulting from a consitutional displacement of the legislative process (EU and national) and instead decision-making by the judiciary and the executive – Proposals to address the imbalance by reinforcing the role of the EU legislative process and limiting other forms of European integration.
21
Nicolosi, Salvatore Fabio, and Lisette Mustert. "The European Committee of the Regions as a watchdog of the principle of subsidiarity." Maastricht Journal of European and Comparative Law 27, no. 3 (May 11, 2020): 284–301. http://dx.doi.org/10.1177/1023263x20906737.
Full textAbstract:
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.
22
Kobetska, Nadiia, and Lesia Danyliuk. "Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 29–45. http://dx.doi.org/10.17951/sil.2021.30.3.29-45.
Full textAbstract:
European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.
23
Hommelhoff, Peter. "The European Private Company Before its Pending Legislative Birth." German Law Journal 9, no. 6 (June 1, 2008): 799–818. http://dx.doi.org/10.1017/s2071832200000122.
Full textAbstract:
In the summer of 2008, the EU Commission will present the draft regulation for a European private company. The Commission indicates by this announcement of the internal market commissioner, after prolonged hesitation that it wishes to comply with the urgent and detailed request of the European Parliament (EP) and to initiate the legislative process. Apparently, the arguments directed at the small and medium sized enterprises (SME) and their specific interests have now, after the EU parliamentarians, also convinced the Commission. In fact, the significance of this group of enterprises in the economy of the Community cannot be overestimated. The Commission therefore acts with appropriate responsibility in not confining itself to taking up the draft regulation prepared ten years ago by business practitioners and academic lawyers (CCIP/CNPF working group) but being prepared (as can be seen in the Consultation Paper of the General Directorate Internal Market of July 2007) to develop its own statute for a European private company. This paper is intended, mainly on the basis of that Consultation Paper but also on the basis of the EP resolution, to introduce the main issues and central regulatory elements of the new legal form of community law.
24
Bahtić-Kunrath, Birgit. "Of veto players and entity-voting: institutional gridlock in the Bosnian reform process." Nationalities Papers 39, no. 6 (November 2011): 899–923. http://dx.doi.org/10.1080/00905992.2011.614224.
Full textAbstract:
Entity-voting in the Bosnian Parliamentary Assembly is a veto mechanism in Bosnia's consociational institutional setting and an important reason for the country's orientation towards the political status quo. An empirical analysis of the number and nature of adopted and rejected draft laws during the legislative period 2006–2010, embedded in George Tsebelis's veto player approach, leads to the conclusion that the veto players in the parliament – either delegates from Republika Srpska or delegates from the Federation of Bosnia and Herzegovina – have pushed the consociational system of checks and balances to its extremes. Entity-voting enables the veto players to “hijack” the parliament for their exclusionary ethnic interests and discourages cooperation and compromise between the veto players. Significant legislation, which in the present article is defined as legislation relevant for the European Partnership, faces severe obstacles to getting passed. In the light of these findings, the article discusses three policy implications: institutional redesign, a change of the actors, and an active role of the European Union for providing the actors with a realistically achievable goal which they equally share. This should reset the current calculus of self-interest and encourage cooperation between the veto players.
25
Rutherford, Donna J., and Matteson B. Bell. "EurOPA Is Coming1." International Oil Spill Conference Proceedings 2001, no. 1 (March 1, 2001): 633–36. http://dx.doi.org/10.7901/2169-3358-2001-1-633.
Full textAbstract:
ABSTRACT In the few short months since the Erika sinking, a push for stronger European maritime safety regulations has been proposed. Classification societies have come under fire to tighten standards and surveys for aging vessels. Changes, as an evolutionary process, are time-consuming and often slow; however, a catastrophic event may accelerate this change. The Exxon Valdez is a prime example of a catastrophe that preceded intense change in U.S. legislation and regulatory requirements; the Oil Pollution Act of 1990 was the eventual climax of the responses to this major spill. As the Exxon Valdez was the catalyst for major legislative and regulatory changes in the United States, the Erika could possibly be the European equivalent. This paper looks into the changes in U.S. legislation implemented after the Exxon Valdez and primarily, the aftermath of the Erika to European and international legislation as it pertains to the shipping industry.
26
Podgórska-Rykała, Joanna. "Inicjatywa ustawodawcza na poziomie państwowym i europejskim – pozorny instrument uspołecznienia procesu prawotwórczego w koncepcji governance." Przegląd Sejmowy 2(163) (2021): 105–29. http://dx.doi.org/10.31268/ps.2021.20.
Full textAbstract:
The aim of the article is to show the origin and characteristics of the citizens’ legislative initiative and the European legislative initiative through the prism of the concept of good governance, which postulates decision-making inclusiveness. The hypothesis assumed in the considerations indicates that the legislative initiative, as a general power at the national or European level, in its current form, is only a sham instrument for socialization of the law-making process in accordance with the concept of governance. Both institutions in question formally fit into this concept, but the analysis of their functioning in practice shows a contradiction with its essence. The content of the considerations consists of both theoretical and legal remarks as well as those related to practical implementation of the examined legal provisions.
27
Harvas, H. D. "Legislative regulatory aspects of the veterinary pharmacy market in the European Union." Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 21, no. 92 (May 11, 2019): 137–40. http://dx.doi.org/10.32718/nvlvet-e9223.
Full textAbstract:
Production of veterinary pharmacy plays an important role both in animal care and public health, such as for food safety or animal origin to prevent the spread of diseases transmitted to humans through animals. The European market for Animal Health develops rapidly filled with innovative products, updated regulatory system at the legislative level, in order to protect human health, animals and the environment. Today, the focus of attention in the European Union (EU) on the pharmaceutical industry – Is the improvement of the legal framework and its adaptation to the needs and characteristics of the veterinary pharmaceutical industry in particular. Thus Ukraine today - is an intensive process of harmonization, implementation and, at the same time, improvement of the regulatory system, in which international regulatory documents are the basis for the creation of the veterinary pharmaceutical legislation of Ukraine, according to EU requirements.
28
CROWE, Richard. "The European Council and the Multiannual Financial Framework." Cambridge Yearbook of European Legal Studies 18 (April 5, 2016): 69–92. http://dx.doi.org/10.1017/cel.2016.2.
Full textAbstract:
AbstractThe European Council emerged as the dominant institution in the special legislative procedure that led to the adoption of the European Union’s Multiannual Financial Framework (MFF) Regulation for 2014–20, even though it is not mentioned in Article 312(2) TFEU as an actor in the procedure and Article 15(1) TEU states that it ‘shall not exercise legislative functions’. This article assesses the role played by the European Council in the MFF process for 2014–20 in light of the post-Lisbon Treaties and draws attention to the legal ambiguities that persist, as well as the practical challenges that will face the other Union institutions, notably the European Parliament, in seeking to counter that dominance in future MFF procedures.
29
Illáš, Martin. "A Note on the Current State of Legislative Plant Pest Protection in EU Law." EU agrarian Law 8, no. 2 (December 1, 2019): 17–20. http://dx.doi.org/10.2478/eual-2019-0008.
Full textAbstract:
AbstractThe current developments in the European legislative protection against the introduction of plant pests is problematic in terms of its quality and in relation of the EU law to the law of EU Member States. The quality of this legislation is significant by non-uniform wording used in Directive 2019/523 and in Council Directive 2000/29/EC, especially in geographical indications, names of taxonomic units of organisms and listing of requirements, conditions, states, plants, plant products and organisms. Another problematic phenomenon of the uncertainty of the EU Member states caused by very slow European law-making process regarding to adoption of implementing regulations, which needed to enter into force on December 14th 2019 based on Regulation 2016/2031 repealing the present legislation in plant pest protection covered by seven older directives. Despite of this fact, the EU amended simultaneously this older legislation only a very short time before the date of repealing.
30
Selck, Torsten. "Evaluating the predictive power of a procedural model for the European Union legislative process." Journal of Legislative Studies 9, no. 3 (October 2003): 140–52. http://dx.doi.org/10.1080/1357233042000246891.
Full text
31
Kaveshnikov, N. "Analysis of the Influence of the European Parliament and the Council of the EU Exemplified by the EU Emissions Trading System Reform." World Economy and International Relations 65, no. 6 (2021): 21–32. http://dx.doi.org/10.20542/0131-2227-2021-65-6-21-32.
Full textAbstract:
Received 28.12.2020. The article examines the comparative influence of the Council of the European Union and the European Parliament in the ordinary legislative procedure using the example of the EU Emissions Trading System (ETS) reform. The study was carried out on the basis of a process tracing method. Primary data includes documents reflecting positions of the actors (summary of consultations, position papers, statements) and the progress of the legislative process (Commission proposal, EP amendments, discussions in the Council, final text of the directive). In total, 21 important elements of the reform were analysed, on which the positions of the European Parliament and the Council diverged significantly. The following conclusions are made. 1) The case study provides a relevant example of the consensual nature of the EU decision-making. 2) The case study confirms that the essence of the legislative process in the EU is not a confrontation, but an faithful cooperation of both co-legislators. 3) The Commission and both co-legislators were significantly limited by the decision of the European Council, which fixed most of the basic parameters of the ETS phase IV. This corresponds to the trend of new intergovernmentalism. 4) The study of comparative influence of both co-legislators on the final text of the directive demonstrates that the member states played a decisive role in the ETS reform, and the final provisions of the directive reflect primarily the balance of interests and influence in the Council. The study shows how the interests of certain groups of the EU member states, in particular of CEE countries, were taken into account. The influence of the European Parliament on the legislative process is greater than that of individual countries, even the biggest ones, but it is no more than a quarter of the influence of the Council as an actor. 5) The study identifies a number of factors that enable the European Parliament to uphold its position more effectively. Acknowledgments. The article has been supported by the Institute of International Studies of the MGIMO-University. Project No. 2022-02-01.
32
Erimia, Cristina Luiza, Rodica Sîrbu, Radu George Cazacincu, Emin Cadar, Aneta Tomescu, and Stelian Paris. "European Patients' Rights to Be Protected Against Counterfeit Medicines." European Journal of Interdisciplinary Studies 2, no. 1 (April 30, 2016): 34. http://dx.doi.org/10.26417/ejis.v2i1.p34-39.
Full textAbstract:
Because the falsification of medicines is a global problem, requires increased and effective international coordination and cooperation to ensure the effectiveness of the strategies to combat counterfeiting, especially in relation to the sale of such products on the Internet. In the context of people’s health and life rank foremost among the values and interests protected by the TFEU, this article examines the evolution of the legislative process regulating the internal market for medicinal products in order to ensure a high level of protection of public health against falsified medicines and to present the legislative initiatives that have been taken at EU level taking account of new risk profiles, measures meant to ensure, at the same time, the functioning of the internal market of medicinal products. However, this article aims to address consumers’ right to have access to safe, effective, quality and innovative medicinal products as a right of the European patient. Ensuring the free movement of medicinal products on the EU market must not violate or restrict this fundamental right of thepatient.The threat that falsified medicines pose to public health is also recognized by the World Health Organization (WHO), which has established the International Medical Products Anti-Counterfeiting Taskforce ("IMPACT").IMPACT has developed the Principles and Elements for National Legislation against Counterfeit Medical Products, which were endorsed by the IMPACT General Meeting in Lisbon on 12 December 2007.
33
Erimia, Cristina Luiza, Rodica Sîrbu, Radu George Cazacincu, Emin Cadar, Aneta Tomescu, and Stelian Paris. "European Patients' Rights to Be Protected Against Counterfeit Medicines." European Journal of Interdisciplinary Studies 4, no. 1 (April 30, 2016): 34. http://dx.doi.org/10.26417/ejis.v4i1.p34-39.
Full textAbstract:
Because the falsification of medicines is a global problem, requires increased and effective international coordination and cooperation to ensure the effectiveness of the strategies to combat counterfeiting, especially in relation to the sale of such products on the Internet. In the context of people’s health and life rank foremost among the values and interests protected by the TFEU, this article examines the evolution of the legislative process regulating the internal market for medicinal products in order to ensure a high level of protection of public health against falsified medicines and to present the legislative initiatives that have been taken at EU level taking account of new risk profiles, measures meant to ensure, at the same time, the functioning of the internal market of medicinal products. However, this article aims to address consumers’ right to have access to safe, effective, quality and innovative medicinal products as a right of the European patient. Ensuring the free movement of medicinal products on the EU market must not violate or restrict this fundamental right of thepatient.The threat that falsified medicines pose to public health is also recognized by the World Health Organization (WHO), which has established the International Medical Products Anti-Counterfeiting Taskforce ("IMPACT").IMPACT has developed the Principles and Elements for National Legislation against Counterfeit Medical Products, which were endorsed by the IMPACT General Meeting in Lisbon on 12 December 2007.
34
Lucic, Sonja. "The power of the European Parliament in cooperation legislative procedure." Medjunarodni problemi 56, no. 2-3 (2004): 249–78. http://dx.doi.org/10.2298/medjp0403249l.
Full textAbstract:
The author explores the power of the European Parliament (EP) in the co-operation procedure, using health and safety Directives as a sample. The measure of power is success of the amendment. Each amendment proposed by the EP was traced through the legislative process, coded according to its type proportion adopted and its reading was introduced in. The results demonstrate that the EP is an influential legislator, as a large proportion of EP amendments is incorporated into the final legislative text. As for the factors affecting the success of amendments the analysis finds that the role of the Commission is considerable, that less politically controversial amendments are more often accepted, but non-technical amendments have a high acceptance rate as well, and that amendments introduced in the second reading have a lesser chance of success than those proposed in the first reading.
35
Marchuk, M. I. "Legislative power in the Republic of Poland." Law and Safety 71, no. 4 (December 27, 2018): 22–28. http://dx.doi.org/10.32631/pb.2018.4.02.
Full textAbstract:
The article is focused on the problems of studying the constitutional and legal aspects of the functioning of the bicameral parliament in the Republic of Poland. The research is carried out with the aim of studying and scientific understanding of the practical implementation of certain aspects of bicameralism in Ukraine.
The peculiarities of the legal status of the Sejm and the Senate as the chambers of political representation of the sovereign Polish nation have been analyzed. It has been emphasized that certain competencies of legislative power in the Polish power system are intended to compensate for the strong positions of the executive branch, due to the assignment of the President of the Republic of Poland to it. It has been noted that in the period after the restoration of the bicameral structure of the Polish Parliament in 1989, until 2010, the Sejm held the dominant position. It has been established that at the present stage of development, the Polish constitutional doctrine foresees an asymmetric bicameral parliament model with the preservation of the system’s equivalence of chambers.
It has been noted that the result of the accession of the Republic of Poland to the European Union, the Sejm and the Senate had functional changes that covered almost all the powers of the national parliament, including, first of all, legislative and control functions, led to the appearance of elements of the “European” function of the parliament and transformed already existing commitment of both chambers.
The peculiarities of the influence of the EU legal acts on the processes of national legislation in Poland have been revealed. The directions of transformation of the normative and controlling function of the Sejm and the Senate have been determined. The principles of functional separation of powers of the Sejm and the Senate in the light of the national and European legislation have been established. It has been concluded that during the process of implementation of acts of the European law in the national legal system of the Republic of Poland, the chambers of the parliament managed to expand their powers at the expense of the so-called “European competence of the Polish parliament”.
36
Georgescu, Floarea, and Cicilia Ionescu. "Harmonization of accounting in the process of globalization of economic activities." Journal of Economic Development, Environment and People 3, no. 1 (March 30, 2014): 19. http://dx.doi.org/10.26458/jedep.v3i1.59.
Full textAbstract:
Abstract. Once with the Romania adhering at the European Union the public accounting system was transformed and adapted according to the requirements imposed by the international public sector accounting standards (IPSAS).This fact had imposed the appearance of legislative norms and provisions adapted to the actual requirements, by taking into account the growing and complex level of economic activities where the irreversible process of globalization takes place.The changes due to the economic politics, especially the new configuration of the international economic relations, relations characterized by an intense and irreversible process of globalization, have conducted to the implementation of a unitary and uniform legislation, particularly for the member states of EU. The accounting reform has begun through the harmonization of legislation according to the requirements and provisions of International Accounting Standards and European Directives. The ampleness and the rapid rhythm of informational society’s development have implicitly leaded to the development of accounting information’s importance and dimension. The decisive role of the accounting information had conducted to the accentuated growth of the interest, manifested at all informational society’s level, from the development of activities in financial and economical domain point of view.The accounting normalization process imposed the development of norms and provisions necessary to the drawing up of accounting documents, by defying methods and a specialized terminology, applied in the activity of entities and accounting specialists.
37
Roccia, Marco. "European ‘Dis-integration’ in Bosnia and Herzegovina: A Critical Reflection on Legal, Administrative and Political Obstacles Affecting the Approximation of Chapters 23 and 24 of theAcquis Communautaire." European Review 21, no. 1 (January 31, 2013): 103–17. http://dx.doi.org/10.1017/s1062798712000245.
Full textAbstract:
Several pieces of legislation have been enacted with a view to regulating the European integration process in Bosnia and Herzegovina. A plethora of bodies are in charge for approximating the EUacquis. However, the stabilisation and association process in the field of justice related matters has not proceeded as planned due to the existence of at least four legislatures for the Justice Sector and 14 Ministries of Justice (MoJs) whose competences and tasks are not well delineated. This article focuses on the specific issues affecting the transposition of Chapters 23 (Judiciary and fundamental rights) and 24 (Justice, freedom and security) of the EUacquis. Based on the analysis of existing legislation and administrative structures and meetings with local officials and foreign donors, the author argues how, for an effective legal approximation process, a review of the current allocation of competences among State, Entities, Brčko District and canton level cannot wait. After drawing comparisons with regional best practices in the field of European integration and illustrating the complex constitutional framework of the country, the administrative and legislative obstacles characterising the approximation of domestic legislation with European standards in the field of Justice and Home affairs are explained. The author concludes by offering a set of solutions to overcome the current situation.
38
Butterfield, Nicole. "Professionalization in Sexual Politics and Activism in Croatia in the 2000s." Southeastern Europe 40, no. 1 (March 13, 2016): 54–80. http://dx.doi.org/10.1163/18763332-03903015.
Full textAbstract:
This paper examines Croatian lgbtq activists’ engagement with discourses of human rights and European identity in their struggles for anti-discrimination legislation. Utilizing the external pressure imposed by European Union institutions on the Croatian government and the government’s aim to become an eu member state during the pre-accession process, some activists and the organizations with which they collaborated focused their efforts and resources toward lobbying for legislative protection again discrimination based on sexual orientation and gender identity. Aside from the specific circumstances of eu accession, part of the thrust behind the focus on legislative change and lobbying derives from processes of professionalization or the changing financial and legal support structures that the organization began to use during this period, the international and transnational networks in which they took part, and their internal organizational structures. Some activists construct a hierarchical differentiation between a professionalized sphere consisting of serious, professionalized types of activism vs. so-called amateur, cultural-based activism and embrace similar lobbying strategies used by transnational lgbtq organizations in Europe. These professionalized lobbying strategies have reproduced discourses of human rights and European identity that may foreclose recognition of difference within the larger, diverse lgbtq community and its needs.
39
Magalhães Silva, Maria Manuela, Dora Resende Alves, and Maria João Ferreira. "La importancia de las nuevas tecnologías en la democracia participativa. El caso de la Iniciativa Ciudadana Europea." Doxa Comunicación. Revista interdisciplinar de estudios de comunicación y ciencias sociales, no. 28 (June 2019): 37–53. http://dx.doi.org/10.31921/doxacom.n28a02.
Full textAbstract:
Democratic participation still is the way forward for societies that seek permanent peace through the exercise of active citizenship. Since 2012, the European Citizens’ Initiative instrument has emerged in the process of drafting legislative acts of the European Union. One of the facets of this citizenship is to enable citizens to become involved in decision-making through participation in the exercise of legislative initiative. The Lisbon Treaty introduced the right to the ECI. The aim is to actively involve citizens in the European decision-making, giving them an indirect form of legislative initiative. Information technologies (IT) are the essence of up-to-date organizations in general, and changes in this field are occurring at an uncontrollable pace, interrupting traditional models and forcing organizations to implement new models, new ways of working and communicating. In this context, the European Commission, not ignoring the relevance and transformations inherent in the use of IT, has included its use in several areas, namely in the European Citizens’ Initiative. In this research is analysed how much a platform available in the European Citizens’ Initiative context is used in petitions and the evolution of this same use until the completion of the review in 2018.
40
Svitlana Motruk, Svitlana Motruk. "The Czech paradigm of european integration: problems and perspectives." European Historical Studies, no. 9 (2018): 42–64. http://dx.doi.org/10.17721/2524-048x.2018.09.42-64.
Full textAbstract:
On the basis of a wide range of documents from the European Union and Czech Republic, the article analyses preconditions, main stage and consequences of the integration with the EU, the features of the Czech integration model, its legislative basis and institutional mechanism. The author emphasizes that the transition into a full-fledge EU member in May 2004 was the result of a long, complicated and painful process of the «European Come Back», which started in the early 1990’s and allowed the state’s government to solve a number of problems. In particular, the author argues that the Czech government managed to have improved the macroeconomic situation, to accelerate structural reforms and to adapt the national legislation to the EU legislative system. The Czech experience proves that the EU membership may have both advantages and disadvantages. The article draws special attention to the results and consequences of the Czech EU membership. Numerous facts provided in the paper allow to evaluate the state’s gains from the integration processes and to emphasize the key trends, main challenges and new opportunities for the country. Last but not least, the article studies the causes of multivariance and discrepancy of the European integration prospects, the low level of trust among the Czechs towards the EU, stable strengthening of European skepticism, the factors that had an impact on the results of the last parliamentary and presidential elections of 2017 and 2018 respectively.
41
Greenwood, Justin, and Christilla Roederer-Rynning. "In the Shadow of Public Opinion: The European Parliament, Civil Society Organizations, and the Politicization of Trilogues." Politics and Governance 7, no. 3 (September 27, 2019): 316–26. http://dx.doi.org/10.17645/pag.v7i3.2175.
Full textAbstract:
This article examines the relations between the European Parliament (EP) and civil society organizations (CSOs) in the EU’s legislative process. It focuses specifically on legislative trilogues, an informal institution bringing together the representatives of the EP, Council, and Commission in a secluded setting to conclude legislative agreements. Trilogues have become the modus operandi and an absolutely pivotal part of the EU law-making process: they are where the deals are made. While secluded decision-making offers plenty of opportunities for EU institutions to depoliticize law-making, we argue that trilogues have become politicized, partly from the relationship between the EP and CSOs. We flesh out this argument on the basis of insights from the politicization and the historical institutionalist literatures, advance two ideal types of trilogue politics, and explore these types on the basis of a preliminary examination of a comprehensive interview material.
42
López-Montesinos, Mª José, and Loreto Maciá-Soler. "Doctorate nursing degree in Spain." Revista Latino-Americana de Enfermagem 23, no. 3 (June 2015): 372–78. http://dx.doi.org/10.1590/0104-1169.0512.2567.
Full textAbstract:
Analytical and descriptive study of the process of change being experienced in the Spanish university system over the last decade (2005-2014).OBJECTIVE: To describe the structural changes occurring in Nursing Education in Spain, reaching access to doctoral studies from the European Convergence Process and the subsequent legislative development.METHODOLOGY: Bibliographical review of royal decrees and reference literature on the subject of study and descriptive analysis of the situation.RESULTS: Carries various changes suffered in the curricula of nursing education in the last decade, the legislation of the European Higher Education sets the guidelines for current studies of Masters and Doctorates.CONCLUSIONS: The implementation of the Master and Doctorate stages after a basic degree, which is now possible with the new legislation. A formal beginning made of scientific nursing in order to generate their own lines of research led by Doctors of nursing who can integrate in research groups under the same condition as other researcher, yet now, from the nursing discipline itself.
43
Rodríguez, Ángel. "El régimen constitucional de los partidos políticos en el derecho de la Unión Europea: un equilibrio sui generis." Teoría y Realidad Constitucional, no. 38 (July 1, 2016): 187. http://dx.doi.org/10.5944/trc.38.2016.18619.
Full textAbstract:
El equilibrio en la regulación de los partidos políticos en las democracias contemporáneas se alcanza cuando la atribución a estos de funciones políticas relevantes se compensa con mecanismos de control. La aplicación de este principio a la regulación de los partidos políticos en el derecho de la UE pone de manifiesto una situación de equilibrio sui generis: las funciones de los partidos políticos europeos en las elecciones europeas o en el proceso legislativo del Parlamento Europeo está fuertemente limitada por el protagonismo de los Estados miembros y la política de partidos nacionales; por otro lado, los mecanismos de control establecidos sobre los partidos políticos europeos, incluidos los de democracia militante, deben coexistir con las normas nacionales al respecto, generando los problemas típicos de los escenarios multinivel.Balance in political parties regulation is met in contemporary democracies when the attribution of relevant political functions to political parties is counterweighed with mechanisms of control. The application of this principle to the regulation of political parties under the EU legal order reveals a sui generis balance: the functions of European political parties in European elections or in the legislative process within the European Parliament is significantly limited by the leading role played by member States and national party politics; besides, the mechanisms of control on European political parties, including those of militant democracy, must coexist with national laws governing the same subject, creating the typical problems of multilevel scenarios.
44
Kaveshnikov, Nikolay. "Evolution of Decision Making in the European Union as a Parameter of the Depth of Integration." Contemporary Europe, no. 98 (October 1, 2020): 77–88. http://dx.doi.org/10.15211/soveurope520207788.
Full textAbstract:
The article explores the evolution of decision-making procedures and their use in the EU as one of the parameters of integration depth. The study used a database of secondary legislation covering 1990-2019. The final empirical data consists of 5,427 documents, including 1,272 directives and 4,155 regulations. The research empirically confirmed the increase in the frequency of procedures application that envisage a more active participation of the European Parliament in the legislative process. At the same time, the authorreveals that a significant part of secondary legislation is still adopted by the Council without the EPinvolvement. An important difference in the use of adaptation procedures of directives and regulations has been identified; working hypotheses about the reasons for such differences have been formulated.
45
Grzelak-Bach, Katarzyna, and Karol Karski. "Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka." Przegląd Sejmowy 5(160) (2020): 9–34. http://dx.doi.org/10.31268/ps.2020.63.
Full textAbstract:
The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights.The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and legislative authorities that actively cooperate with each other. The implementation of the guidelines of correct legislation in the context of human rights is an activity of entities involved in the law-making process which, taking into account the standards of national and international law, shape in a specific manner the situation of individuals as well as of all entities. Parliaments can hold the executive authorities accountable for the execution of obligations by means of various instruments, and thus many legal issues that were the subject of the judgments of the ECHR had significant impact on the legislative process and the undertaking of respective legislative actions towards bringing Polish legislation closer to the standards of the Convention. The Sejm (the Polish Lower House) and the Senate bear enormous responsibility for the quality of the adopted law; at the parliamentary stage the role of the Council of Ministers of the Republic of Poland becomes less leading, but not excluded. This is what determines the unique role of the dialogue between the executive and legislative authorities, which should finalize the vision of the legal regulations closer to human rights in a constructive manner.
46
Dreyer-Plum, Domenica. "Commitment of States, Access to Asylum, and Material Benefits: Assessing Key Legislative Battles and Their Structural Impact on the Common European Asylum System." International Journal of Refugee Law 31, no. 4 (December 2019): 516–40. http://dx.doi.org/10.1093/ijrl/eez042.
Full textAbstract:
Abstract In 2015, the movement of asylum seekers to the European Union (EU) increased dramatically and led to the factual invalidation of the Common European Asylum System (CEAS). From the beginning, the European Commission’s objective was to create a fair system guaranteeing a European-wide protection status in line with the standards contained in the 1951 Refugee Convention. In order to understand why this system failed, it is important to look closely at the applicable laws. Which regulations were based on the Amsterdam and Lisbon treaty mandates? What were the key disputes and which normative solution was pushed through? Scholarly attention so far has focused on either external aspects of border policy or institutional and policy issues within the EU. By contrast, this article argues that the central gaps in the system present a multifaceted set of problems with three main weaknesses: the neglected geographic asymmetry enshrined in the European asylum system; a reliance on national standards that runs through all the legislative processes; and the over-emphasis of asylum rights in contrast to an under-regulation of access to asylum. This combination of problems helps to explain the rise of a serious protection crisis in Europe following the influx in 2015, a crisis that remains largely unresolved. These inherent weaknesses are analysed through an examination of key disputes in the legislative process establishing the CEAS. The article traces the different positions of the European institutions in the legislation process and assesses the shortcomings of the emergent system in two periods: during the establishment of this system from 1999 to 2005, and the reform period from 2008 to 2013. The article concludes with reflections on the current reform phase. The findings point to ineffective laws, unresolved normative disputes, and the need for further reforms to achieve a harmonized CEAS in line with treaty mandates.
47
Hansen, Jesper Lau. "Coping with Emerging Federalism – Working with Securities Trading in the European Union." Nordic Journal of International Law 80, no. 3 (2011): 351–67. http://dx.doi.org/10.1163/157181011x581218.
Full textAbstract:
AbstractOnly fairly recently has the law on securities regulation been subject to legislation, first and only on a framework basis on the national level and lately, but very profoundly on a European level as a consequence of the Financial Services Action Plan, that was carried out from 2000–2005. The ensuring legislation has produced a body of harmonised law that is highly detailed and mostly implemented verbatim in national law. The introduction of European Union (EU) law has complicated the traditional use of national law, partly by changing the reliance on preparatory works in traditional Nordic jurisprudence, partly by introducing new layers of legislation and new parties to the legislative process. The emerging federalisation of EU law is just entering a new and even more pronounced phase following the entry into force of the Lisbon Treaty. This article assess the development up to now by first presenting the distinct legal discipline of securities trading law and then exploring the problems arising from the rapid introduction of EU law within this narrow area of law.
48
Чернышова, И., and I. Chernyshova. "BREXIT FROM THE LEGAL POINT OF VIEW." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 141–52. http://dx.doi.org/10.12737/article_598063fa209191.10169057.
Full textAbstract:
In June 2016 the referendum on the minimum majority of votes of British citizens supported a British exit from the European Union, from that moment began the formal process of so-called “Brexit” — a unique event in the political life of the EU and the UK. Apart the political aspect, Brexit also is a difficult challenge for legislators, academics and lawyers both in the EU and in the UK. Over the last forty years, the legislative system of the EU and the UK are closely intertwined and now constitute a single legal system. The notice of withdrawal from the EU has caused differences which led to the consideration of the functions and powers of the government in court. This article discusses how participants of the legal process of brexit (legislators, academics and lawyers) approach to solving this problem: background, development process, proposed legislation and the reaction to it from the professional legal community with the view of the political process and the preparations for the negotiations on the exit procedure and further cooperation. In the article, the procedure and consequences of the brexit are considered from the European and British points of view. The key legislative act defining the brexit consequences for the legal system in the UK will be the Bill on the Great Cancellation, which determines the order of separation of the British legal system from Europe. The article also includes a brief review of the brexit effects for individual areas of British law.
49
Yakubovsky, V. "EUROPEAN VALUATION STANDARDS EVS–2016 AND THEIR INTERRELATION WITH EU LEGISLATION." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS, no. 134 (2018): 77–89. http://dx.doi.org/10.17721/apmv.2018.134.0.77-89.
Full textAbstract:
The article is devoted to analysis of new edition of European Valuation Standards EVS–2016 and the interrelation with European Legislative and Normative basis. Reviewed are structure and content of so called “Blue Book” of EVS–2016 standards issued by The European Group of Valuer’s Associations (TEGoVA) which are enforced from 01 June 2016. Underlined is the fact that these standards are highly structured and include not only five basic valuation standards but also some sets of supporting documents such as Guidance Notes and Technical Documents. Close interrelation of TEGoVA’s standards with European legislation is demonstrated and analyzed as one of the important and specific their peculiarity in comparison with other international valuation standards. This is specially marked by the fact that standards itself are already included into several European Directives and Regulation of mandatory character. This remarkably increase role and significance of EVS–2016 standards both for international and domestic valuation practice and should be closely considered during process of actualization of national property valuation standards.
50
Adijāne, Iveta. "ASYLUM PROCEDURE IN LATVIA - A PART OF COMMON EUROPEAN ASYLUM SYSTEM." BORDER SECURITY AND MANAGEMENT 2, no. 7 (July 5, 2018): 7. http://dx.doi.org/10.17770/bsm.v2i7.3494.
Full textAbstract:
The Common European Asylum System (CEAS) conditions apply to Latvia. Development of the Common European Asylum System impacts Latvian legislation and has an effect on the work of judicial institutions. Any European Union scale change affects Latvia. Common European Asylum System conditions in Latvia are being met by direct implementation of the EU instructions. Well-considered position and evaluation of CEAS conditions according to Latvian interests is necessary. Goal of this article is to review demands of the Common European Asylum System towards the member states as well as concordance of the Latvian asylum procedure with conditions of the Common European Asylum System. Objectives of this research is to examine development of legislation in the EU and Latvia, to analyse and compare current legislation of the asylum procedure in the EU member states as well as to analyse impact of CEAS towards the asylum procedure in Latvia. In order to achieve objectives, following research methods were used: monographic research of theoretical and empirical sources in order to analyse and evaluate various asylum domain information, analytical method in order to acquire legislative content and verities, comparative method in order to discover differences in legislation of asylum procedure in the EU countries, systemic method in order to disclose interconnections in legislation, descriptive statistics method and correlation analysis in order to analyse process of the asylum procedure and determine interconnections in the asylum procedure time frame between legislation and practical instances in EU countries.