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"This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in in relation to decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. By doing so, it illustrates if the Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading."--
This book assesses the many changes that have occurred within the European Parliament and in its external relations since the Lisbon treaty (2009) and the last European elections (2014). It is undoubtedly the institution that has evolved the most since the 1950s. Despite the many crises experienced by European integration in the last years, the Parliament is still undergoing important changes in its formal competences, its influence on policy-making, its relations with other EU institutions, its internal organisation and its internal political dynamics. Every contribution deals with the most recent aspects of these evolutions and addresses overlooked topics, providing an overview of the current state of play which challenges the mainstream intergovernmental approach of the EU. This project results from research conducted at the Department of European Political and Governance Studies of the College of Europe. Individual research of several policy analysts of the European Parliamentary Research Service (EPRS) have contributed to this endeavour.
This book revisits the Treaty of Lisbon's promise to further parliamentarize the EU's functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.
Although Parliament is constantly in the news and televised daily, much of its work remains a mystery to outsiders and is sometimes perplexing even to its own members. This book provides a unique insight into the work and daily life of Parliament. It sets out plainly and intelligibly what goes on and why things happen, but it also analyses the pressures within the institution, its strengths and weaknesses, and ways in which it might change. Covering every aspect of the work, membership, and structures of both Houses, this book also reflects the profound changes that have taken place in Parliament over the years.
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons
The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.
In October 2015, the Prime Minister commissioned Lord Strathclyde to lead a short review. The review examined how to secure the decisive role of the elected House of Commons in relation to its primacy on financial matters and secondary legislation. Lord Strathclyde’s report lists 3 options for providing the House of Commons with a decisive role on statutory instruments and makes recommendations to the government.
The discussion about a constitution for the European Union and its rejection by referendum in two of the EU founding member states has once again spurred public and scholarly interest in the democratic quality and potential of the European Union. Debating the Democratic Legitimacy of the European Union brings together distinguished thinkers from law, political science, sociology, and political philosophy to explore the potential for democratically legitimate governance in the European Union. Drawing on different theoretical perspectives and strands from democratic theory, this volume is the first of its kind to overcome the present state of fragmentation in the debate about the conditions and possible remedies for what is often called the "democratic deficit" of the European Union. Among the pressing questions addressed by the contributors are: What future is there for parliamentary democracy in the European Union? Can we observe the evolution of a European public sphere and civil society? Can participatory democracy or deliberative democracy pave the road for a democratically legitimate European Union? Conversations about democracy have engaged the public in a new way since the beginning of the Iraq war, and this volume is the best resource for students and readers who are interested in democracy in the European Union. Contributions by: Rudy B. Andeweg, Katrin Auel, Arthur Benz, Lars-Erik Cederman, Damian Chalmers, Deirdre Curtin, Donatella Della Porta, Klaus Eder, Erik O. Eriksen, Ulrich Haltern, Hubert Heinelt, Doug Imig, Christian Joerges, Beate Kohler-Koch, Christopher Lord, Paul Magnette, Andreas Maurer, Jeremy Richardson, Berthold Rittberger, Rainer Schmalz-Bruns, Michael Th. Greven, Hans-Jörg Trenz, and Armin von Bogdandy
Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...