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Much has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny.
How does the Parliament of the United Kingdom hold ministers to account for their European policies? How does the EU principle of subsidiarity affect the relation between Westminster and the Scottish Parliament? How does Belgium accommodate its powerful regional assemblies into the European role of its federal parliament? What is the role of the Dutch parliament before and after the popular rejection of the Constitutional Treaty in the Netherlands? How does the parliament of Croatia view all these developments as it prepares for accession to the EU? And how should academics in general conceptualize the role of national parliaments in Europe's complex constitutional system, before and after the Constitutional Treaty? As national and regional parliaments get explicitly involved in the EU, this volume addresses some key notions that are highly relevant to the ongoing debate: parliamentarism and constitutionalism, legitimacy and transparency, subsidiarity and devolution. This volume will hold great value for academics and policy-makers studying the European Union and Member States.
This book presents a wide range of perspectives on the role of national parliaments in EU politics and policy-making, looking at efforts to address perceived democratic and information ‘deficits.’
SUBNATIONAL OR REGIONAL PARLIAMENTS with legislative competences are increasingly active in EU affairs and are recognized as POTENTIAL ACTORS IN THE EU'S MULTI-LEVEL SYSTEM BY EU LAW. However, studies on the territorial effects of European integration and on the Europeanization of parliaments as well as parliamentarism have so far disregarded this group of parliaments. In the existing theoretical concepts of 'multi-level parliamentarism' subnational parliaments do not have a place until now. The book addresses this theoretical and empirical gap. Referring TO STUDIES ON PARLIAMENTARISM, FEDERALISM, AND EUROPEANIZATION the contributions discuss how to include subnational parliaments in the existing research. A total of 74 subnational parliaments from eight member states is affected by the new system, which allows them to participate in the so-called Early Warning Mechanism of subsidiarity control. The situation in six EU member states is analyzed in detail. The country chapters illustrate and analyze how subnational parliaments in the federal member states (Austria, Belgium, Germany) and in the decentralized/devolved ones (Great Britain, Italy, Spain) functionally adapt to the new opportunity structure and discuss the repercussions on legislative-executive relations as well as on interparliamentary relations. With contributions from Gabriele Abels; Katrin Auel and Martin Große Hüttman; Peter Bursens, Frederic Maes and Matthias Vileyn; Peter Bußjäger; Josep-María Castellà Andreu and Mario Kölling; Ben Crum, Annegret Eppler; John Erik Fossum; Anna-Lena Högenauer; Sabine Kropp; Robert Ladrech; Erik Miklin; Matteo Nicolini; Werner J. Patzelt; Tapio Raunio; Werner Reutter; Gerhard Stahl and Bert Kuby; Gracia Vara Arribas.
This volume addresses an important aspect of Brexit that has been ever-present in public debates, but has so far not received corresponding attention by academic scholars, namely the role of parliaments and citizens in this process. To address this gap, this book brings together an international group of authors who provide a comprehensive and multidisciplinary treatment of this subject. Specifically, the contributors, scholars from the UK and across Europe, provide diverse accounts of the role of regional, national and European parliaments and citizens from the perspectives of Law, Political Science and European Studies. The book is structured in three parts focused on developments, respectively, in the UK, in the parliaments of the EU27, and at the EU level. Beyond providing a comprehensive examination of the scrutiny of Brexit, the book utilises the insights gained from this experience for a study of executive-legislative relations in the European Union more generally, examining the balance, or lack thereof, between governments and parliaments. In this way, the book also speaks to some of the long-lasting, indeed perennial questions about the effects of constitutional provisions and political practice in the context of European democracy.
Parliamentary theory, practices, discourses, and institutions constitute a distinctively European contribution to modern politics. Taking a broad historical perspective, this cross-disciplinary, innovative, and rigorous collection locates the essence of parliamentarism in four key aspects—deliberation, representation, responsibility, and sovereignty—and explores the different ways in which they have been contested, reshaped, and implemented in a series of representative national and regional case studies. As one of the first comparative studies in conceptual history, this volume focuses on debates about the nature of parliament and parliamentarism within and across different European countries, representative institutions, and genres of political discourse.
This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.
This handbook offers a comprehensive picture of the European activities of national parliaments in all 28 member states of the European Union. In the aftermath of the Lisbon Treaty, it assesses the extent to which national legislatures actually matter in European governance.
This book engages in the vivid debate about the role of nationalparliaments in the future European democracy. These parliaments are widely regarded to be essential in reducing the European Union's democratic deficit, but it remains unclear how their function should be organized. The purpose of this volume is to contribute to such a regime on the basis of a comparative analysis of scrutiny systems, as they exist today.