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Executive-legislative (im)balance in the European Union

Executive-legislative (im)balance in the European Union PDF Author: Diane Fromage
Publisher: Hart Publishing
ISBN: 9781509930036
Category : Delegation of powers
Languages : en
Pages : 360

Book Description
"Has executive predominance in EU-related matters disappeared ten years after the entry into force of the Lisbon Treaty? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit or the latest covid-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later, the contributions to this edited volume examine, for the first time in such an extensive breadth and from a multi-level and cross-policy perspective, whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an "admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon". This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality"

Executive-legislative (im)balance in the European Union

Executive-legislative (im)balance in the European Union PDF Author: Diane Fromage
Publisher: Hart Publishing
ISBN: 9781509930036
Category : Delegation of powers
Languages : en
Pages : 360

Book Description
"Has executive predominance in EU-related matters disappeared ten years after the entry into force of the Lisbon Treaty? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit or the latest covid-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later, the contributions to this edited volume examine, for the first time in such an extensive breadth and from a multi-level and cross-policy perspective, whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an "admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon". This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality"

The European Parliament and Delegated Legislation

The European Parliament and Delegated Legislation PDF Author: Merijn Chamon
Publisher: Bloomsbury Publishing
ISBN: 1509931872
Category : Law
Languages : en
Pages : 233

Book Description
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.

Controlling the EU Executive?

Controlling the EU Executive? PDF Author: Gijs Jan Brandsma
Publisher: Oxford University Press
ISBN: 0191080810
Category : Political Science
Languages : en
Pages : 240

Book Description
Every year the EU Commission issues thousands of rules based on powers delegated by the Council of Ministers and the European Parliament. But delegation is carefully controlled. Traditionally, control has been exerted through a system of committees of member state representatives ('comitology'). However, this system was contested by the European Parliament which was left without any influence. The Lisbon Treaty introduced a new control regime for delegated powers, the so-called delegated acts system, which was meant to supplement the existing system. The new system involves direct control by the Council of Ministers and the European Parliament and thus for the first time gave the European Parliament real influence over delegated powers. However, the choice over which delegation regime to use in practice has turned into one of the most vehement institutional conflicts in the EU political system. This book represents the first comprehensive investigation of this conflict. It does so by a combination of methods and data, including process-tracing of the introduction of the new system in the Lisbon Treaty, case studies of selected post-Lisbon delegation situations, and statistical analysis of datasets comprising hundreds of post-Lisbon legislative files.

Parliamentary Oversight of the Executives

Parliamentary Oversight of the Executives PDF Author: Elena Griglio
Publisher: Bloomsbury Publishing
ISBN: 1509925694
Category : Law
Languages : en
Pages : 571

Book Description
Oversight of executives has always been a key function of parliaments and one that is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this trend in parliaments across Europe, to illustrate points of convergence and divergence. In so doing, it suggest tools and methods that parliaments can develop to bolster their crucial oversight role.

Brexit and Democracy

Brexit and Democracy PDF Author: Thomas Christiansen
Publisher: Springer
ISBN: 3030060438
Category : Political Science
Languages : en
Pages : 331

Book Description
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.

EU Executive Discretion and the Limits of Law

EU Executive Discretion and the Limits of Law PDF Author: Joana Mendes
Publisher: Oxford University Press
ISBN: 0192561332
Category : Law
Languages : en
Pages : 288

Book Description
The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

Executive Power of the European Union

Executive Power of the European Union PDF Author: Deirdre Curtin
Publisher: OUP Oxford
ISBN: 0199264082
Category : Language Arts & Disciplines
Languages : en
Pages : 375

Book Description
The picture of Brussels-based bureaucrats exercising arbitrary executive powers is one of the favourite images conjured by Eurosceptics across the political spectrum. This book offers a richer understanding of the nature of the EU's powers, how they relate to national governments, and how they are controlled.

Executive-legislative (Im)balance in the European Union

Executive-legislative (Im)balance in the European Union PDF Author: Diane Fromage
Publisher: Bloomsbury Publishing
ISBN: 1509930000
Category : Law
Languages : en
Pages : 357

Book Description
Introduction : executive-legislative (im)balance in the European Union / Diane Fromage and Anna Herranz-Surrallés -- Recalibration of executive -- legislative relations in the European Union : strategies inspired by the trilemma of democracy, sovereignty and integration / Peter Bursens -- The anticipation function of interinstitutional agreements : a smooth mechanism to recalibrate executive-legislative relations / Marco Urban -- Divided accountability of the council and the European council : the challenge of collective parliamentary oversight / Elena Griglio -- Executive-legislative relations and delegated powers in the European Union : continuous recalibration? / Thomas Christiansen and Sabina Lange -- The implementation of EU law in member states and its impact on the relationship between parliaments and governments / Diane Fromage -- National strategies of EU law transposition : does the distinction between legislative and executive measures matter in practice? / Robert Zbíral and Jan Grinc -- Failed constitutional reforms and silent constitutional transformations in executive-legislative relations : the case of Italy / Nicola Lupo -- Short-lived reparliamentarisation? A year of eff orts to 'take back control' from the executive in the Brexit House of Commons / Kathryn Wright -- How the debates on trade policy helped rebalance the executive-legislative relationship in favour of the European Parliament / Péter Márton -- A temporary recalibration of executive-legislative relations on EU trade agreements? The case of national and regional parliaments on CETA and TTIP / Cristina Fasone and Maria Romaniello -- Exploring interaction between national parliaments and the European Parliament in EU trade policy / Katharina L Meissner and Guri Rosén -- The European Parliament's role in the operation of trade agreements : parliamentary control and executive -- legislative balance in external action / Wolfgang Weiss -- Representative democracy in financial crisis governance : new challenges in the EU multi-level system / Claudia Wiesner -- Towards the 'normalisation' of security ? Executive -- legislative relations in an expanding EU security and defence policy / Anna Herranz-Surrallés -- The balance of powers and the EU's common foreign and security policy / Graham Butler -- All buzz, no bite : the parliamentarisation of the area of freedom, security and justice / Angela Tacea -- Epilogue : executives, legislatures and the semantics of EU Public Law : a pandemic-inflected perspective / Peter L Lindseth.

The European Parliament in Times of EU Crisis

The European Parliament in Times of EU Crisis PDF Author: Olivier Costa
Publisher: Springer
ISBN: 3319973916
Category : Political Science
Languages : en
Pages : 475

Book Description
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.

Executive-legislative (Im)balance in the European Union

Executive-legislative (Im)balance in the European Union PDF Author: Diane Fromage
Publisher: Bloomsbury Publishing
ISBN: 1509930019
Category : Law
Languages : en
Pages : 413

Book Description
Ten years after the entry into force of the Lisbon Treaty, has executive predominance in EU-related matters disappeared? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit and the COVID-19 pandemic? The Lisbon Treaty could be expected to lead to the re-balancing of powers in favour of parliaments, for it significantly enhanced the roles of both the European Parliament and national parliaments. A decade later the contributions to this edited volume examine – for the first time in such an extensive breadth and from a multi-level and cross-policy perspective – whether this has actually materialised. They highlight that diverging tendencies may be observed, and that important variations over time have occurred, depending particularly on the occurrence of crises. As stated in the fascinating epilogue by Peter Lindseth (University of Connecticut School of Law), this is an 'admirably coherent collective volume, whose contributions provide an excellent overview of key aspects of executive-legislative relations in the European system since the Treaty of Lisbon'. This edited volume will hence be of interest to both academics and practitioners interested in future reforms designed at the European and national levels to improve the EU's democratic quality.