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Principle Foundation of the European Union
The European Union (EU) was 'founded on the principles of liberty, democracy, respect for human
rights and fundamental freedoms, and the rule of law'. Democracy can be interpreted in different
ways, for it means "the power of the people" where the public decide who they want as they leader
by a majority vote system who represents the views of the people. Lisbon Treaty gave these rights
the force of law therefore these rights are not to be violated by member states and must maintain a
healthy baseline of democracy. Many academics have argued that the EU is suffering from a
'democratic deficit' due to the Euopean not having enough power and for other reasons which will
be discussed. I will discuss the observation of Joseph Weilers 'standard version' of the democratic
deficit and analyze the strengths and weaknesses of his argument. This essay will examine the
reasons why many academics and authors believe there is a democratic deficit. Further discussions
will point to renowned intellectuals who reject the idea of democratic deficit , such as Professor
Andrew Moravcsik and Proffesor Giandomencio Majone who both refute the idea that the EU lacks
democratic accountability– for different reason which will be discussed in detail. My conclusion
will include my belief that the EU does suffer from a democratic deficit and this will be supported
by the powerful evidence that will be stated throughout this essay. Title II Article 10 of the Post–
Lisbon Consolidated Treaty of the
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The Sources of Legislation That Are Binding in Scots Law
1) The sources of legislation that are binding in Scots law are: European Union UK Parliament
Scottish Parliament
The European Union (EU) is economic and political union which is located in Europe in Brussels. It
consists of 785 members representing the 492 million citizens of the 27 Member States of The
European Union. Countries which join EU are Austria, Bulgaria, Belgium, Czech Republic, Greece,
Hungary, Portugal, Cyprus, Estonia, Luxembourg, Denmark, Finland, Slovakia, France, Italy,
United Kingdom, Germany, Ireland, Lithuania, Latvia, Malta, Netherlands, Poland, Spain, Romania,
Slovenia and Sweden. EU is elected every 5 years throughout all the Members States.
5 Institutions serve the European Community: Council of ... Show more content on Helpwriting.net
...
It must be possible to extract the ratio decidendi of the precedent. The ratio decidendi (reason for a
decision) is the point of law on which the previous decision was based. Obiter dicta are remarks of
the judge, which are not essential for the disposal of the case. They tend to be hypotheses indicating
what his preferred decision would have been if the facts had been slightly different. The doctrine of
judicial precedent is less rigid in the criminal courts.
At present the most important decisions of the Scottish courts are published in the series known as
"Session Cases"
Examples are: a) Donaghue v. Stevenson, 1932 S.C. (H.L.) 31; b) H.M. Advocate v. Kirkwood,
1939 J.C. 36; c) Smith v. Oliver, 1911 S.C. 103. 3) Lawyers in the 17th and 18th centuries (called
'institutional writers ') wrote books setting out the principles on which Scots law is based. Many of
these principles were based on Roman law. Lawyers in Scotland today still look at what the
institutional writers said about the law and apply these principles to modern day situations. Their
authority is always less than that of legislation and case–law, and so the court must always apply the
legislation or the binding precedent in the event of a conflict.
The most notable institutional writings are: a) Sir Thomas Craig b) Sir George Mackenzie c)
Viscount Stair d) Lord Bankton e)
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European Law the Ordinary Legislative Procedure
n European Law the Ordinary legislative procedure is used when drafting hard law to ensure that the
democratically elected representatives of the EU citizens have an equal say in appropriate areas of
law making. There will be a brief analyse of the Ordinary legislative procedure and a discussion on
it.
European Law is very complex law , within EU law there is various different treaties which are in
place. Two most significant treaties which have importance to the legislative process are The Treaty
on European Union and the Treaty on the functioning of the European Union.
The Treaty on European Union also known as the Maastricht Treaty was signed in Maastricht 7th of
February 1992 and the Treaty on the functioning of the ... Show more content on Helpwriting.net ...
Second Reading
The Parliament has three months from their first initial contact with the council about the
commissions proposal for legislation if they have not came to a decision whether or not to carry on
with the proposed legislation or agree with the Councils view on it .Then the council will be deemed
to adopt the act in accordance with its position Art 294(7)(a) TFEU. The Parliament can take
different approaches within the three month timeframe. The Parliament can reject the Council's
perception if they do so then the act would be considered not to have been implemented. This is
known as veto and prevents the bill becoming law. However in order for this procedure to take place
there must be a majority vote of the component members of parliament. Or they can vote an
majority vote to propose the amendments of the future legislation which the council has proposed.
In my opinion I think that it is beneficial that the parliament can chose to make the law veto as
personally the parliament members are for the citizens of the European Union therefore as they have
the power of veto then they can ensure fair and effective legislation is introduced into Europe and
not just any old law which is only really benefiting members of the Council. Although in order to
make the law veto there must be a majority which I personally
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The European Union : The Horrors Of The European Union
European Union
The European Union (EU) was established in order to prevent the horrors of modern warfare,
experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again,
by aiming to create an environment of trust with the countries of Europe cooperating in areas such
as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade,
political and monetary alliance between twenty–eight European Member States. While not all
Member States are in monetary union (i.e. share the currency of the euro), those that are form the
'Euro–zone' (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act,
or law, being the most powerful. Its 'tricameral' (European ... Show more content on Helpwriting.net
...
Votes are allocated according to a country's population size. However, some of the smaller states,
such as the UK, receive more votes than is actually justified by population size.
The European Commission is the Executive (governmental) body of the EU, initiating legislative
proposals and also managing the EU's budget (Europa, 2007). Each commission operates for a five–
year period, with meetings taking place in Brussels every Wednesday. The Commission consists of a
President of the Commission and twenty–eight commissioners (some vice presidents). Employees of
the Commission are organised according to department (Directorates–General) and answer to a
Commissioner. The Commission exists in order to represent the interests of the whole of the EU
(thus arguably the whole of Europe), as opposed to individual Member States. The Commission
represents the EU on a global basis and is the main participant in negotiations in areas such as trade.
The appointment of Commissioners is the responsibility of the Parliament, with all having
previously assumed senior positions in politics in their own country, usually within its national
government. Proposals are drafted by the senior civil servant (Director–General. A proposal may be
adopted if more than half of the Commissioners decide to adopt it. Once agreed, all Commissioners
must give their unconditional support – similar to the collective responsibility held by the Scottish
executives and the UK. The Commission works closely
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Democracy Is A Democratic Institution?
While discussing what democracy is, Dahl arrives at the conclusion that every member of an
association that is to be seen as a democracy should be politically equal to everyone, he states that
there should be a political procedure, which requires five principles: Effective participation (All
members of the association should have equal and effective opportunities to make their voice heard
before policy changes are decided upon), Voting equality (No one should have a vote that counts
more than someone else's vote), Enlightened understanding (Each member should have the same
opportunity to learn about relevant alternative policies and what they may bring), Control of the
agenda (The members should have equal opportunity to choose which matters that are to be placed
on the policy agenda), Inclusion of adults (All adult residents should have the rights implied by the
first four criteria). Taking into consideration the above definition of democracy by Dahl, can it be
said that the European Union (EU) is a democratic institution?
The EU has gone through different Treaties in order to achieve democratic legitimacy. This includes
the Treaties of Amsterdam (1997), Nice (2001), the "unsuccessful" Treaty Establishing a
Constitution for Europe (2004), and the Treaty of Lisbon (2007). The last two treaties, stirred open
debates around Europe, with critics claiming that the treaties will channel a way for an unelected
European super–state, while at the same time, defenders argued that it
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Role Of The European Parliament On The Eu Decision Making
The role of the European Parliament in the EU decision–making process is to gradually
strengthened. Initially it is only entitled to counseling and supervision. Prior to 1986, the maximum
power it holds it is only right to decide on the budget, you can modify the non–mandatory budget
for mandatory budget for minor changes, and formally adopted budget. 1986 "Single European Act"
by the so–called "cooperative program", making it the right to a preliminary decision of the Council
's proposed amendments and has authority over the second reading of the draft legislation. After the
signing, "Maastricht Treaty" has confirmed the above–mentioned system by the "Single European
Act" established and further expand it may reject draft legislation for the Council, and to report
thereon to veto the proposed legislation. The "Amsterdam Treaty" by introducing a "shared decision
making" system, the European Parliament and the EU Council of Ministers placed in the same
position on the legislation, the European Parliament finally become a true partnership legislature.
National interests between EU member states and the European Union have agreed on the
development of supra–national integration, there are also contradictory, divided diversification and
various decision–making body of the EU decision–making body can be seen as a search for balance
and consensus, resolve conflicts institutional arrangements. This arrangement with Western political
separation of powers strong color, also contains
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Legal Environment of Business
[pic]
BАBS
Legal environment of business
Home Assignment
Seminar leader: Margit Racz
Student name: Nurlаn S. Kurmаlаyеv
Contents
1. Introduction..........................................................................3 2. The constitutional order of
Hungary..............................................3 1. Legislation................................................................... 3 2.
Execution tasks................................................................................3 3. Judicial
power................................................................4 3. The constitutional order of the
EU................................................4 1. Legislation....................................................................4 2.
Execution tasks...............................................................5 3. Judicial
power................................................................5 4. Conclusions (similarities + ... Show more content
on Helpwriting.net ...
Court system in the Republic of the Hungary divides into two: 1. Ordinary courts, 2. Special courts.
The ordinary courts are organized on four levels: the Judgment Boards, the Court of the Capital and
the county courts, the Supreme Court of the Republic of Hungary and the last but not the least is
local courts.
The constitutional order of European Union
Legislation
There are two bodies responsible for the legislative tasks in the EU. First one is The Council of the
European Union (officially the Council and commonly referred to as the Council of Ministers) is the
principal decision–making institution of the European Union. The Council is composed of twenty–
seven national ministers. The primary purpose of the Council is to act as one of the two chambers of
the EU 's legislative branch. The Council is the main law–making body of the EU (on the initiative
of the Commission and in co–decision with the European Parliament). The Council is based in
Brussels, but meets at fixed intervals in Luxembourg. Second body responsible for legislative task is
European Parliament. The European Parliament is the directly elected parliamentary institution of
the European Union. Its essential function is to express the will of the Union's citizen in the
Community decision–making process hand–in–hand with the Council, representing the interests of
the Member States. Together with the Council of the European Union, it forms the bicameral
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Democracy Is A Democratic Institution?
While discussing what democracy is, Dahl arrives at the conclusion that every member of an
association that is to be seen as a democracy should be politically equal to everyone, he states that
there should be a political procedure, which requires five principles: Effective participation (All
members of the association should have equal and effective opportunities to make their voice heard
before policy changes are decided upon), Voting equality (No one should have a vote that counts
more than someone else's vote), Enlightened understanding (Each member should have the same
opportunity to learn about relevant alternative policies and what they may bring), Control of the
agenda (The members should have equal opportunity to choose which matters that are to be placed
on the policy agenda), Inclusion of adults (All adult residents should have the rights implied by the
first four criteria). Taking into consideration the above definition of democracy by Dahl, can it be
said that the European Union (EU) is a democratic institution?
The EU has gone through different Treaties in order to achieve democratic legitimacy. This includes
the Treaties of Amsterdam (1997), Nice (2001), the "unsuccessful" Treaty Establishing a
Constitution for Europe (2004), and the Treaty of Lisbon (2007). The last two treaties, stirred open
debates around Europe, with critics claiming that the treaties will channel a way for an unelected
European super–state, while at the same time, defenders argued that it
... Get more on HelpWriting.net ...
Questions On Parliamentary Sovereignty Of The Uk...
Module: Law
Component: assignment 2
Percentage of final module grade: 20%
"The development of the EU has slowly eroded the sovereignty of the UK Parliament"
Student Number: 1546031
Word Count:
Parliamentary Sovereignty is the concept that Parliament is the supreme legal authority in the
United Kingdom. Kellerman, M. G. (2011) argues that since the United Kingdom unlike most other
countries does not have a codified constitution to restrict the powers of the Parliament, the main
check on power of the British Parliament is the sovereignty of the future parliaments. The European
Union has been growing since its establishment and its growth has been considered a threat to the
Parliamentary Sovereignty of the UK, since their joining of the EU in 1973. This essay will
showcase the treaties, institutions, cases, and acts that have eroded the sovereignty of the UK
Parliament and will conclude that the development of the EU will only further reduce the power of
Parliamentary Sovereignty as long as the United Kingdom stays a member of the EU.
Britain has sacrificed power to treaties since the end of World War 2 in order for better relations
with foreign countries, these treaties and others developed into what is now known as the European
Union. Perhaps the most significant of these treaties is the Treaty of Rome (1957). The UK
conceded to this treaty in 1972 and for the first time European Law was given power in the UK
through an act of the UK
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The European Union
A lot of authors have analysed the governance, the structure and the very nature of European Union,
and pronounced that it suffers from a democratic deficit. It has been argued that, the European
Union is not firmly made to democratic pressures and that it gives a privileged position to the
national executives, allowing them to escape proper parliamentary scrutiny. "The European Union
has been further described as not transparent, and distant from its citizens. Looking in details the
institutions within the European Union (EU), analyzes their powers and the relationship between
them, treaty on European Union, the main EU institutions are the European Parliament, the Council,
the European Council, the Commission, the Court of Justice, the European Central Bank, and the
Court of Auditors. This will explains that these institutions are given different powers, and are
required to work together in order to provide the checks and balances within the Union legal order,
or the institutional balance, reference to the composition and powers of the EU Institutions,
concentrating on some only, and their respective functions, composition and structure".
"Definitions of 'democratic deficit', may relates to the engagement of citizens with politic and law–
making processes. This operates through their right to select and reject, in the electoral process, the
persons whom they consider will best represent their interests in formulating law and policy".
In relation to European Commission,
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Assess The Role Of A Democratic Deficit In The European Union
The governmental system which embodies the European Union is currently both ambiguous and
undemocratic. However, in order to explore alternative strategies of improvement, it is firstly crucial
to identify the root of the deficit. One is then able to discuss contributing factors which affect the
national parliaments lack of importance when creating legislation and strategies of review such as
the subsidiary and proportionality tests.
When identifying the presence of a democratic deficit in the European Union, it is important to
consider a range of factors, including international treaties and the effect they had on its structured
governmental framework. One of the first official agreements established by the European Union
(formerly ... Show more content on Helpwriting.net ...
It is also important to consider the effect that the principle of subsidiarity can have on the central
European Parliament, as it is required to only carry out "those tasks which cannot be performed
effectivity at a more immediate or local level" . This importance of decisions being taken as closely
as possible to the citizen, can be monitored through constant checks being made to verify that the
higher EU level is legitimately required. After members of the European Parliament were granted
the power to approve or reject legislation in 1979 , it was then established in Article 5 of the Treaty
of Lisbon that member states must also be given the ability to repeal an adoptive legislative act. This
is particularly regarding one of shared areas, to certify "the efficiency and democratic legitimacy of
the union and to improve the coherence of its action" . There is also much concern that unless EU
voters can "become more credible and legitimate in the eyes of the voter" , particular areas of the
Union may begin to tangle.
In recent years, it has been increasingly apparent that European Parliament election turnout is on the
decline, with just 35.6% of British citizens casting their vote in 2014. This is remarkably low,
especially when viewed alongside other national decisions such as the referendum for Britain to
leave the European Union, which received a staggering 72.2% turnout. However, this decline was
not
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The United States ' Take Back Control
Brexit has caused a divide amongst the UK population, with 52 to 48 percent in favor of leaving.
"Take back control" has been at the forefront of the Brexiter's campaign, some arguing the UK
Parliament had lost its power when it passed the European Communities Act of 1972. For the
structure of this paper, I will start by highlighting key arguments put forward by Brexiters as they
relate to Parliamentary sovereignty. Followed by a comprehensive look at Parliamentary and other
types of sovereignty and what they imply, followed by a decision whether the UK will regain power
by canceling its membership to the EU. Key Reasons for Argument: "Taking back control."
Immigration – the UK does not have enough control over its borders. Under the current EU's
fundamental right of free movement, any citizen of a member state may move and work in the UK
without first getting a visa, and in some circumstances, access to benefits. The migrant crisis that
has found its way to the UK's doorstep in Calais, France has created a cause for concern as migrants
try to make it to UK soil and claim asylum. By leaving the EU, Brexiters argue, the UK government
will have the power necessary to stop and control the migrant invasion. National security and
defence – due to the previously mentioned right to free movement, the UK is leaving the door open
to terrorist attacks. The open border policy does not allow the UK to check and control people.
Regaining authority over its borders puts the UK in a
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A Democratic State Of Unprecedented Model Essay
A legislative process where there is a lack of transparency and accountability creates a democratic
deficit. A democratic deficit (or democracy deficit) occurs when presumably democratic
organisations or institutions (particularly governing institute) fall short of fulfilling the principles of
democracy in their practices or operation where representative and linked parliamentary integrity
becomes widely discussed. As far as lack of democracy is concern at European Union, it was first
cited by a by Young European Federalists in their manifesto at that time. European Union was
formed in order to create an everlasting relation within in its state. It is worth remembering the EU
is a supranational state of unprecedented model. It is also worth remembering that EU initially was
formed only to enhance collaboration within few financial interests and democracy was not the goal
it thrived for. This initial goal has slightly been over shadowed by some critics of its undemocratic
status. This issue has somewhat cause the estrangement within the EU states. There have been calls
for EU to involve its citizen more and more into their decision making. Although considerable
efforts are made throughout its history but one might argue that EU could have done more in order
to make it more transparent in last half a century.
In order to unearth the truth behind the criticism an overview of the legislative institutes and their
processes will have to be studied. We will have to look at the
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Essay on The European Union
The European Union (EU) was established in order to prevent the horrors of modern warfare,
experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again,
by aiming to create an environment of trust with the countries of Europe cooperating in areas such
as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade,
political and monetary alliance between twenty–eight European Member States. While not all
Member States are in monetary union (i.e. share the currency of the euro), those that are form the
'Euro–zone' (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act,
or law, being the most powerful. Its 'tricameral' (European Union, 2007) ... Show more content on
Helpwriting.net ...
However, some of the smaller states, such as the UK, receive more votes than is actually justified by
population size.
The European Commission is the Executive (governmental) body of the EU, initiating legislative
proposals and also managing the EU's budget (Europa, 2007). Each commission operates for a five–
year period, with meetings taking place in Brussels every Wednesday. The Commission consists of a
President of the Commission and twenty–eight commissioners (some vice presidents). Employees of
the Commission are organised according to department (Directorates–General) and answer to a
Commissioner. The Commission exists in order to represent the interests of the whole of the EU
(thus arguably the whole of Europe), as opposed to individual Member States. The Commission
represents the EU on a global basis and is the main participant in negotiations in areas such as trade.
The appointment of Commissioners is the responsibility of the Parliament, with all having
previously assumed senior positions in politics in their own country, usually within its national
government. Proposals are drafted by the senior civil servant (Director–General. A proposal may be
adopted if more than half of the Commissioners decide to adopt it. Once agreed, all Commissioners
must give their unconditional support – similar to the collective responsibility held by the Scottish
executives and the UK. The Commission works closely with both
... Get more on HelpWriting.net ...
The European Union's Democratic Deficit
The European Union has greatly evolved over the decades since it has begun into a well–evolved
quasi–state of over 28 countries, and over five hundred million citizens. The European Union has
been regarded as a method to bring democratic stability and economic prosperity to less developed
democracies in East and Central Europe. Although the European Union has a mandate to bring all of
these standards, the European Union lacks these basic standards for their overall institution. This
structural problem has given the European Union its own 'democratic deficit'. The rise of the
democratic deficit has arisen from many undemocratic characteristics of EU institutions, and a lack
of a demos or a lack of a single socio cultural European identity. In order for a political body to
remain legitimate, it must have the trust and support of the citizens it governs, and make changes for
the continuation of its future. In other words, if the European Union does not take action to combat
its democratic deficit, the future of the European Unions institution will be at risk. Another serious
issue is the European Union has seen democratic backsliding of many Eastern European countries.
This paper will discuss the major issues that the Democratic Deficit has caused for the European
Union, and what possible reforms can be done to help fix the democratic deficit. The European
Union is one of the world's greatest economic superpowers. Although the EU does not have the
police or military strength
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The Issue Of Parliamentary Sovereignty
H
Introduction
The concept of parliamentary sovereignty is one of the imperative components of the supreme legal
authority in UK constitution. The parliamentary supremacy is the key legislative authority body to
all governmental establishment in the country. Which implies the parliament can charge power to
the local authorities, professional bodies and statutory instruments to enact legislation.
Practically, the Parliament has the power to make and dissolve any law which means any law passed
by the parliament cannot be overruled by any court rules. No parliament, on the other hand can
enact law that a future parliament cannot amend Which means that, they are the only figure that can
change or reverse laws passed by the them.
The UK is ... Show more content on Helpwriting.net ...
The expansion of freedom of information has been a fundamental principle of UK constitutional
structures which Parliament should not be a subject to judicial review (Corporate Officer of the
House of Commons v The Information Commissioner). As in the case of (Pickin v British Railways
Board) the Crown has no common–law authority to review Acts.
The Bill has passed through stages before it receives a Royal Assent which is given to the Queen's
committee, the Lord Chancellor and two other peers. It then becomes an Act of Parliament. But will
not come into operation until a commencement date is announced by the statutory instrument. The
Parliament Acts 1911 and 1949 weaken the rule as Bills may receive Royal Assent without consent
of the House of Lords. In Pickin v British Railways Board case the Lord Denning challenged that
the courts should be mindful when checking procedure to avoid abused of power.
The Limitation of Parliamentary Sovereignty
The supremacy of European Union is not the only development that has undermined the UK
supremacy of parliamentary sovereignty. There are recent developments of Human Right Law and
the devolution of Scottish and Wales Assembly which has greatly weaken the traditional notion of
parliament being supreme in UK. Seemingly, the supremacy of European Union is the pillar of all
members of the union
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The European Union 's Democratic Deficit
The European Union has greatly evolved over the decades since it has begun into a well–evolved
quasi–state of over 28 countries, and over five hundred million citizens. The European Union has
been regarded as a method to bring democratic stability and economic prosperity to less developed
democracies in East and Central Europe. While the European Union has a mandate to bring all of
these standards, the European Union lacks these basic standards for their overall institution. This
structural problem has given the European Union its own 'democratic deficit'. The rise of the
democratic deficit has arisen from many undemocratic characteristics of EU institutions, and a lack
of a demos or a lack of a single socio cultural European identity. In order for a political body to
remain legitimate, it must have the trust and support of the citizens it governs, and makes changes
for the continuation of its future. In other words, if the European Union does not take action to
combat its democratic deficit, the future of the European Unions institution will be at risk. Another
serious issue is the European Union has seen democratic backsliding of many Eastern European
countries. This paper will discuss the major issues that the Democratic Deficit has caused for the
European Union, and what possible reforms can be done to help fix the democratic deficit. The
European Union is one of the world's greatest economic superpowers. Though the EU does not have
the police or military strength to
... Get more on HelpWriting.net ...
European Community Law Enacted Into Domestic Law
The European Communities Act 1972 was passed by parliament, this introduced the European
Community law enacted into domestic law. On the 1st January 1973, the United Kingdom joined the
European communities, along with other European nations, and this embarked on the nations
becoming the European Union. On the 23th June 2016, the European Union Referendum Act 2015
took place questioning as to whether the United Kingdom should leave the European Union, and
thus, the people voted in agreement to leave. This triggered Article 50 of the Treaty on European
Union, whereby Prime Minister Theresa May is to give liable notification to exit the European
Union. This allows a two–year 'open window' to discuss a withdrawal agreement. The R (Miller) v
Secretary of State for Exiting the European Union case discusses as to whether the Crown's notice is
substantial to give notice of this leave.
The legal issue presented before us asks if the Crown Court has the prerogative power to give
notification under Article 50 to exit the European Union without notifying parliament. This
foreseeing the risk of losing European Union statutory rights. The Crown agrees so, and this brings
into question parliaments sovereignty, Britain's constitutional statutes and what can be perceived as
a diminishing history of democracy.
The defendant Secretary of State pinpoints that in the ECA 1972, 2015 Referendum Act or any other
United Kingdom legislation passed by parliament states no terms which show that the
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Poland's Role Of The State Of Poland
The Republic of Poland, commonly referred to simply as Poland, is a unitary state that operates with
a parliamentary republic government. In addition, Poland has also been a member of the European
Parliament since 2004 in which it is the sixth largest member state with a population of over 38.53
million as of 2013. The politics of Poland can arguably be viewed as complex to an outsider, such as
one from the United States of America. Unlike the United States, Poland does not use a two–party
system in elections and it also operates under a semi–presidential system meaning the country has
both a president and prime minister. Poland operates with a semi–presidential system in which there
is both a president and a prime minister taking part ... Show more content on Helpwriting.net ...
Duda is an independent politician meaning he does not particularly align with any political party.
Contrarily, Szydło is a member of the political party known as the Law and Justice party. The
political parties, or lack of, of Polish politics can greatly assist in influencing how Poland is
governed. Poland operates under a multi–party system in which various political parties compete
against one another in elections. This system contrasts from the United States in that the United
States operates within a two–party system in which elections are between only two major political
parties. Poland currently has 15 political parties that hold seats in either the Sejm, Senate or the
European Parliament. These parties include Law and Justice, Civic Platform, Modern, Polish
People's Party, Union of European Democrats, Union of European Democrats, Democratic Left
Alliance, Solidary Poland, Poland Together, Liberty, Congress of the New Right, Right Wing of the
Republic, National Movement, Real Politics Union, Labour United and National–Catholic
Movement. Civic Platform and Law and Justice are the two major political parties of Poland, as they
accumulate the most seats by a plurality in the Sejm, Senate and European Parliament. Due to their
pluralities in these institutions, members of these two parties have a large impact and influence on
decisions in the country of Poland. In addition to
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The English Legal System Can No Longer Be Considered on...
The European Community was set up by the EEC Treatyin 1957, and the UK joined the Community
in 1973.
On joining the Community, now called the European Union, the UK and its citizens became subject
to EC law. This subjection to European law remains the case, even where the parties to any
transaction are themselves both UK subjects. In other words, in areas where it is applicable,
European law supersedes any existing UK law to the contrary.
Community law consists primarily of the EC Treaty and any amending legisla¬tion such as the
Single European Act to which the UK acceded in 1986, the Maastricht Treaty 1992 and the Treaty of
Nice 2001. However the most recent reform was introduced by the Lisbon Treaty, signed by all the
members in ... Show more content on Helpwriting.net ...
The Council is made up of ministerial representatives of each of the 27 member states of the Union.
Thus, when considering economic matters, the various states will be represented by their finance
ministers or, if the matter relates to agriculture, the various agricultural ministers will attend. The
Council of Ministers is, in essence, the supreme organ of the EU and, as such, it has the final say in
deciding upon Community legislation. Although it acts on recommendations and proposals made to
it by the Commission, it does have the power to instruct the Commission to undertake particular
investigations and to submit detailed proposals for its consideration.
The European Parliament
The European Parliament is the directly elected European institution and, to that extent, it can be
seen as the body which exercises democratic control over the operation of the EU. As in national
Parliaments, Members are elected to represent constituencies, the elections being held every five
years. Membership is divided amongst the 27 member states in proportion to the size of their
various populations. The Parliament 's general secretariat is based in Luxembourg and although the
Parliament sits in plenary session in Strasbourg for one week in each month, its detailed and
preparatory work is carried out
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Similarities Between The United States And The Federal System
The United States Federal System and the current Federal System for the European Union have
many similarities and differences. The traditional division of the functions of a federal government
are the legislative, executive and the judicial branch. The United States is made up all three
branches separately to "check" potential abuses and balance each of the branches. The European
Union also has three main political institutions that constitute the executive and legislative branches,
as well as the independent judiciary with the power to exercise judicial review (European
Parliament).
The legislative Branch for the United States is divided into two parts: House of Representatives and
the Senate. The House is made up of 435 elected members, which is divided among the 50 states in
amount to their total population. The Speaker of the House, who is the third in the line of succession
to the Presidency, is elected by the Representatives. The members of the House are elected every
two years and must 25 years of age and been a U.S. citizen for at least 7 ... Show more content on
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There are only a few differences between the House and the Parliament such as the House has the
right to introduce new legislation while the Parliament has no right to initiate legislation but co–
determines EU legislative planning (European Parliament). For the Senate and the Council of the
European Union, it is also the exact same thing as the House and the Parliament. The only
differences between the Senate and the Council are: there are two senators from each Senators from
each State in the Senate while there is one representative from each Member State government and
one vote per Senate member while the member state population of the Council determines how
many votes each member State has (European
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The European Union
What are the principal institutions of the European Union? To what extent do these institutions
engage with the sources of EU law? The european union is a economic as well as a political
partnership between 28 different countries located in Europe (Euabc). The Creation of the European
union was caused due to the disruption of the Second World War. The Treaty of Rome was the initial
treaty introducing the EEC, Its main aim was to create economic cooperation between many of the
states so that the countries could trade interdependently and create the least possibility of conflict
between the different countries. The result was the creation of the European Economic community
aka EEC which was created in 1958 which had created economic cooperation between Belgium,
Germany, France, Italy, Luxembourg and the Netherlands. Since then this has grown into
interdependent economic cooperation between many countries and potentially looking to increase
its cooperation with other countries located in Europe. One of the EU's goals include the promotion
of human rights. The Lisbon Treaty of 2009 enforces the core values of Human dignity, democracy,
freedom etc. These aspects are minded together as the basic law for Human rights. Today the main
aims of the EU include as such: The promotion of Peace and well being of the unions citizens, The
are of freedom, security and justice, Sustainable development, a social market economy and a free
single market. (Euabc) Since the creation of the
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The Importance Of The Various Levels Of Government And...
For this assignment, I will outline the responsibilities of the various levels of government and
elected bodies by providing information of local, national and European government. In my
assignment, I will also include some hierarchical diagrams.
Everything we do or decide is influenced by politics. In the UK, there are many different levels of
Government that have an impact on our lives. One of these levels is the European Union. The three
main EU Institution are the European Commission, which promotes the common interest and the
current president of the European Commission is Jose Manuel Barroso; the European Council and
the Council, which is the voice of the Members States and the current president of the European
Council is Herman Van Rompuy; the European Parliament that although is not part of the UK levels
of government, it has a significant impact on European Union citizens. The European Parliament,
together with the Council, debates and passes European laws and adopts the EU's budget. The
European Parliament has 736 members who represents all 27 members' states of the EU. Its main
role is to delegate legislation on issues such as transport, environment, equal opportunities and
movement of workers and goods. In conclusion, the European Parliament is the voice of the people.
The president of the European Parliament is Martin Schutz.
In the UK Parliament, the main body is the Central Government, which is responsible for the health
and safety of people as it maintains
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European Union : Its Impact On International Perception Of...
European Union: Since its founding in 1958, the European Union's main purpose has been to
promote peace, human rights, cooperation, democratic ideals, and the well–being of the European
people. It has enabled Europe to emerge from destruction of World War II with a much unified
marketplace, connected through a single currency, the Euro. The EU is a unique structure in that it is
one of the biggest governing alliances worldwide that has been reasonably successful in its purpose.
There are several elements of the structure, such as the European Council, European Parliament,
Council of the EU, and the European Commission, as well as many others that help the EU to run
efficiently and effectively. One of the most important aspects of the European Union is most likely
the European Commission, due to its highly influential role on the management of the EU, as well
as its impact on international perception of the EU. The Commission is headed by a single president,
under whom there are 28 Commissioners, one from each EU country. Each Commissioner serves a
5 year term in the EU, and each one is assigned a specific area of EU policy by the president of the
EU. An important aspect of the European Commission is its ability to propose new laws to
Parliament and the European Council (in most cases, this is only done when issues cannot be dealt
with at the national, regional, or local level). If at least half of the Commissioners agree with the
proposed law, the draft is sent to the
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Democracy And The European Union
Democracy in the European Union is as good as it could be.
Nowadays democracy is sometimes assumed like pregnancy, in other words meaning that the
democracy should be either present or not. However, there could be more or less democracy. In fact,
much depends on what one believes should be in the scope of its definition. Furthermore,
democracy is not easy to define as its boundaries are unclear. According to Oxford dictionary,
democracy is a system of government in which individuals are involved in the decision–making
process about the affairs of the state by means of voting and electing representatives to a parliament.
This essay shall start by looking into the routes of democracy in the European Union, then discuss
the notion of a ... Show more content on Helpwriting.net ...
This argument is always blended with the issue of democracy, more specifically, democratic deficit.
Maurice Duverger defined "democratic deficit"as a combination of the parliament's lack of
legislative power, of the lack of publicity in the actual process of legislation and of the lack of a
definite separation between executive and legislative powers. To shed more light on this definition it
is necessary to consider the operation and effectiveness of the legislative institutions in the
European Union, issue of transparency and the separation of powers within the executive and
legislative powers.
There is no single body that can be described as the Union's legislature. Both the Council and the
Parliament play significant roles in the process. The European Parliament is frequently accused of
democratic deficit. In particular, there are two separate issues to consider: one relates to its
composition and another is connected to the engagement of citizens in Parliament. First of all, the
European Parliament initially consisted of delegates designated by the Parliaments of Member
States, but since 1979, it has been directly elected by the people according to the national electoral
system of each Member State. Undoubtedly, that reform helped to overcome the democratic deficit
to some extent. Nevertheless, the European Parliament is often criticized of failing to generate much
commitment and
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An Analysis of the Powers of the European Parliament Essay
An Analysis of the Powers of the European Parliament
History of the European Parliament:
On the 18th April 1951 the Ministers representing France, Germany, Italy, Belgium, Holland and
Luxembourg signed in Paris a treaty which established the European Coal and Steel Community, the
ECSC was born. The most important feature of the ECSC was its supranational character, it was a
supranational organization. It was aptly described as a 'quasi federation in an important economic
sector.[1] The Community was endowed with five organs;
1. An executive, called the High Authority
2. A Consultative Committee attached to the High Authority
3. A Special Council of Ministers
4. An Assembly ... Show more content on Helpwriting.net ...
Two years later, Greece joined the EEC followed by Spain and Portugal in 1986. With the entry of
Austria, Finland and Sweden in 1995, the European Parliament was expanded to its present size of
626 members. The Treaty of Nice provides that the allocation can be reweighed from 2004 to
accommodate new Member States without increasing the number of MEPs beyond 732.
The size of the European Parliament has increased so has its powers. Originally, the EP was
conceived as little more than a consultative assembly with limited scope in certain areas, however it
has gained significant new powers and responsibilities with the signing of the Single European Act
in 1986, the Maastricht Treaty in 1992 and the Treaty of Amsterdam in 1996.
Elections
Election s to the European Parliament are held on a five year fixed term basis, there is no uniform
electoral procedure consequently the five sets of direct elections held to date have been contested on
the basis of different national electoral arrangements. In the 1999 elections the UK did not use its
standard 'first past the post' system, but rather proportional representation on a regional basis. This
meant that for the first time a form of proportional representation was used in all Member States. As
well as the differences between the electoral systems of
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Principal Instiutions and Laws of the European Union
Law Assignment
What are the principal institutions of the European Union? To what extent do these institutions
engage with the sources of EU law?
1946 in a speech in Zurich after WWII, did Winston Churchill call for "kind of United States of
Europe" (Coe.int, 2014). 1951 the ECSC is established by Belgium, France, Germany, Italy,
Luxembourg and the Netherlands. Six years later in 1957 does the Rome treaty sets the start of the
EEC the beginning of the european common market and the EURATOM (atomic energy
community). In 1961 does Britain in fellowship with Denmark and Ireland apply for membership to
the EEC but it is not until 1973 when the approval has been granted hence to Charles de Gaulles
veto (News.bbc.co.uk, 2014). ... Show more content on Helpwriting.net ...
The European Commission is the main executive body of the EU and proposes new legislation to
the Parliament and Council as well as it represents the EU internationally. Further the Commission
enforces union law in collaboration with the ECJ when a member state has not met his EU
obligations (Gov.uk, 2014). The Commission is run by a president (currently José Manuel Barroso)
and a commissioner of each member state. The President is nominated by the European Council not
to be mistaken with the Council of ministers. Also do appointments by the Commission have to be
approved by the European Parliament which also has the sole power to dismiss the Commission
(Europa.eu, 2014).
The European Parliament consisting out of 785 members represents the people of the EU and is
directly elected every 5 years, it is with the Council which is acting as the representative of the
Governments of EU members the main Law–making institution (Adams, 2010). It passes jointly
with the Council new EU Law, this process is called ordinary legislative procedure. Other tasks of
the Parliament is scrutinising other EU institutions like the Commission to ensure their democratic
operating. Further Tasks include the annual budgeting of the EU carried out by a committee which
also works in collaboration with Council (Europa.eu, 2014).
The last of the principal institutions of the EU is the Court of Justice of the European Union which
has three
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The European Union Decision-Making Procedure Essay
As at January 1, 2007, the European Union comprised of 29 member States (United kingdom,
Ireland, Denmark, France, Netherlands, Italy, Germany, Luxembourg, Belgium, Spain, Poland,
Slovenia, Lithuania, Czech Republic, Estonia, Finland, Slovakia, Cyprus, Greece, Hungary, Latvia,
Malta, Portugal, Austria, Sweden, Bulgaria, Romania, Croatia and Turkey.)
Decision–making at the European Union comprises three main institutions; the European
Commission (comprises all the member states), the European Parliament (its composition is
governed by the founding treaties, and the Act of September 20, 1976 on election of members of the
European Parliament by direct universal suffrage.) and the Council of the European Union
(comprises of representatives ... Show more content on Helpwriting.net ...
The proposal will then be returned back to the Commission for consideration of the amendments
suggested after which it forwards the amended proposal to the Council which may amend it further
or accept the amended proposal unanimously. Matters that go through the consultation process are:
police and judicial cooperation in criminal matters, revision of treaties, tax arrangements, economic
policy, agriculture, discrimination instances, transport, competition rules, visas, immigration and
asylum cases, enhanced cooperation and European Union citizenship .
The assent procedure reiterates that the European council in reaching a decision alone must obtain
the consent of the European Parliament before hand. The decision on the proposed legislation
should not be one that seeks to amend the proposal but rather accept it as it is or reject it as it is; the
majority vote carries the day. Article 16 of the European Union affirms that the Council must act by
a qualified majority unless waived by a subject treaty. Protocol No. 36 on the Transitional
provisions on qualified majority that is valid till October 2014 proposes that Germany, France, Italy
and the United Kingdom shall bear 29 votes each while Spain and Poland shall carry 27 votes each.
Netherlands have 13 votes, Belgium, the Czech Republic, Greece, Hungary and Portugal each bear
12 votes, Denmark, Finland, Ireland,
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Tackling The Democratic Deficit Between The European Union...
This essay seeks to identify, define and offer practical solutions to tackling the democratic deficit
which in the European Union (EU).
Apart from the economic issues plaguing the EU, which is most discussed topic, the issue of its
democratic deficiency remains undebated. Democracy deficit in the EU in its ordinary meaning
means that there is gap between the EU institutions and citizens in the member states of the EU.
Recommendations have been put forward to bridge the gap between the EU's institutions and the
citizens in the member nations of the EU. These range from empowering the national Parliament of
member states to giving citizens more direct voice in Europe.
A founding principle of the European Union is Subsidiarity. This is ... Show more content on
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Accountability as a principle allows for people to hold the EU to account. Citizens must be able to
review the performance of those who make decisions. Giving the power to find blame worthiness in
the EU allows people to feel closer to governing institutions and empowers them. It also has the
potential to improve the policy decisions of those in power.
Finally the principle of Engagement. Engagement should not only have to exist at the voting booths
and ballot boxes it should go beyond. For democracy to exist one of the requirements is an election.
However, elections without involving the exchange of views between citizens and elected
representatives, leads to a pseudo–democracy. This means there would exist alongside the
institutions a form of democracy however without any content. After all, by definition, Democracy
is rule by the people. The efficacy of a democratic system can therefore be measured by the level of
engagement and trust in it.
After establishing the four principles as the basis for examining the EU's democratic performance,
what's left to examine is how the EU falls short of meeting these standards resulting it suffering
from 'democracy deficit'. The 'democratic deficit' is a well–established concept (it was first coined
by David Marquand in 1979). In fact, it is even
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The Differences Between Uk Parliament And European Parliament
Introduction
The consciousness of democracy and decentralization grow in people's mind and formed various
kind of country during the history of human. The UK evolves about thousands years and become a
constitutional monarchy country with nowadays appearance. The Europe suffered first and second
war and others conflicts between European countries, to prevent further war occur in Europe
European Union were built. In the last about sixty years the EU shows it's potential and has the
second largest parliament in the world with multiple member countries. The essay mainly focus on
discuss the differences between UK parliament and European Parliament, statistics, government act,
declaration and treaties will be given in order to support the opinions. Firstly, the origin and
developments of the two parliaments will be given. Secondly, the essay will compare the two
parliaments from aspects of structure, composition, function and role. Thirdly, a clear definition of
power and ability between UK parliament and EU parliament will be illustrated. Then, the ability of
parliament hold executive to account will be discussed. Ultimately, there will be conclusion to brief
review the gist of this essay.
Origin and Developments
The evolution of UK parliament across about a thousand years, and can date back to Saxon era. At
that time, there was a council or witan give advices to Saxon Kings comprised with nobles. In 13th
century, Government became a "franchise operation" that the King
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The European Union ( Eu )
The European Union (EU) does not have an unlimited power to act. The limits of Union
competences are governed by the principle of conferral. Under the principle of conferral, the Union
shall act within the limits of the competences conferred upon it by the Member States (MS) in the
Treaties. The central debate about competence is with regard to the principle that the EC operates
within the confines of attributed powers tends to be obscured by an open–handed reading of the
matter in practice. The Articles of EC are broadly worded, with little restrictions. For example,
Article 95 EC provides the Council the power to pass directives and regulations so as to facilitate
harmonization of the internal market. It is a residual provision that operates, "save where otherwise
provided in this Treaty". This could be translated as a general power of regulating the market. Also
Article 308 EC empowers the Community to legislate where it is "necessary to attain, in the course
of the operation of the common market, one of the objectives of the Community and this Treaty has
not provided necessary powers". These broadly framed Articles can be dangerous because it
becomes impossible to have a clear conceptual outer limit to the residual provisions. In addition,
subsidiarity and proportionality have not performed well as devices for restraining the political
desire to exercise a competence once granted. The malady is captured by the catchphrase
competence creep. It is also alleged that
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The Democratic Accountability Of The European Union Essay
In this assignment I will be assessing the democratic accountability of the European Union. I will
begin by briefly describing the institutions, their functions, compositions and discuss how they work
as check and balance system to ensure democratic accountability further to look on to how laws are
made and what they are In order to establish whether or not the EU is in fact answerable to its
citizens.
The 4 main institutions in the EU are; The EU parliament, the Council of Ministers, the European
council and the Commission.
The Commission is an independent body. Its powers are found in Article 17 on the Treaty on the
European Union. Each member state has 1 commissioner; this was a consequence of the Lisbon
Treaty.
The president of the commission allocates each commissioner with a portfolio that oversees areas
such as fisheries, environment, and trade. General Commissioners are suggested by member states
and elected by president–elect from the Council and parliament. Commission president is nominated
by qualified majority vote of the European council, and is then elected by the European Parliament
by majority vote if this candidate doesn't get the required amount of majority votes the council will
propose another within four weeks.
It could be argued that there is too much discretion in the powers of the president in that he/she can
literally decide which commissioner gets which portfolio this could be out of personal preference.
The Commission is sometimes referred to
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Parliamentary Sovereignty In The UK
During the buildup to the 2016 Brexit referendum those who campaigned to leave the European
Union did so in order to take back control of their nation, including taking back control of
parliamentary sovereignty. Parliamentary sovereignty is one of the fundamental values of the United
Kingdom's constitutional law but European Union law, since the 1972 European Communities Act,
trumps that sovereignty. This transpired due to the United Kingdom becoming a member of the
European Union where EU law takes primacy over national law. With being a member of the
European Union it entailed that the key law making body would be that of the European
Commission rather than Westminster Parliament. Many European Union regulations can bypass
Parliament and ... Show more content on Helpwriting.net ...
As human rights become more prevalent the courts could transition into the main law making body
in regards to protecting those rights in common law. Baroness Hale in Jackson v Her Majesty's A–G
(2005) states, "The courts will treat... any attempt to subvert the rule of law by removing
governmental actions affecting the rights of the individual from all judicial scrutiny." By this
Baroness Hale meant that even though Parliament has sovereignty, the courts will intervene if
legislation over steps its boundaries and affects human rights, as depicted in the Human Rights Act
1998. The limitations to Parliamentary Sovereignty is not something new but instead has been
witnessed throughout the formation of this modern society. For example, in the North Atlantic
Treaty 1949 article 5 states that members must come to the defense of fellow members, which
suggests a forfeiture of sovereignty over utilizing British forces. Also part of being a member of the
World Trade Organization means that the United Kingdom is subject to global regulation and
arbitration of its goods and services, which is another trade off of sovereignty. The European
Communities Act 1972 can be seen as another type of exchange of sovereignty for the greater good
of the country. During the 17th century Parliamentary Sovereignty was needed to create order out of
chaos but in the modern world
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The Between Westminster And Brussels
Nowadays, legislation of both Westminster and Brussels has become the main source of the law for
the UK. Moreover, United Kingdom has its own law, which is called English legal system equally
Brussels has a major role within the UK as it part of the predominant source for the UK. Therefore,
this paper will firstly examine and give brief description of the legislative power. Then, it will define
the legislative powers of both Westminster and Brussels and their roles. Consequently, it will
explain the important roles and show how these roles are played by the English courts and the
European courts of justice (ECJ). Also, it will show how Brussels enforce compliance with treaty
provisions and explain how European Union citizens approach the European courts of justice.
Since United Kingdom joined to the European Union it has gradually and effectively passed its
power of making law that have an impact to the European institutions. Also, United Kingdom's
legislative, executive and judicial powers are controlled by the framework of the European
Community (Slapper and Kelly, 2010 p.65). The legislation is considered as the primary sources of
English law and made by the Parliament. Also, Parliament it is a supreme law making body and can
make law or reject and amend legislation. However, by the United Kingdom's membership of the
EU per EC Act 1972 the Parliament's power of creating law has been limited (Vollans and Asquith,
2011). In addition, legislative powers is the power of
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Institutional Changes From The Lisbon Treaty
In order to look at whether the institutional changes from the Lisbon Treaty have been able to
reduce the democratic pressure and if after these changes does the European Union still lack
democratic accountability. We shall look at all the main insinuations and discuss the changes that
were brought in and how these may have or haven't contributed to make the union free form its
democratic pressure.
The Lisbon Treaty was signed by the member states on the 13 of December 2007, it amended the
existing European Union (EU) and the treaties the ratification process turned out to be longer than
anticipated. The Lisbon Treaty came in to force officially on 1 of December 2009. The treaty was
aimed to make Europe 'democratic and transparent' they ... Show more content on Helpwriting.net ...
They exercise the powers of initiative, being able to act independently from the government. So that
they can get a better understanding of the objectives of the community this helps them preserve any
individual interests member states may have. Article 17 of The Treaty European Union (TEU)
provides all of the duties of the Commission. The European Council can only appoint
commissioners once the European Parliament has given consent. The Lisbon Treaty was to
introduce a smaller commission however this was not phased out as Ireland opposed.
The Commission President can only be nominated by a qualified majority vote from the Europe–an
Parliament and they can only then be elected by them by a Majority, if the required majority of
votes is not met then the European Council are able to within a month time propose another
candidate. Once commissioners are appointed they cannot be dismissed during their term in the
office by the governments, they must remain in the office unless they have been replaced or
compulsory retired . In cases as such the European Parliament has enough power to pass a motion to
remove the commission. In 1999, when allegations of mismanagement and waste the Parliament had
failed to provide any motion and in this event the whole commission and the President had to resign.
The commission is able to propose legislation and policy proposals; they are required to publish all
proposals, which establishes transparency
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The Eu Law Making Process
1.0 Introduction
Treaty of Lisbon has provided that Union should uphold the representative democracy and thus, the
legislative power is divided between the European Commission ('the Commission') which represents
the interest of the European Union as a whole, the Council of Ministers ('the Council') which
represents the Member States' interests or their citizens and the European Parliament which
represents its citizens' interests. However, only 34% turned out to vote at the last EU election which
implied a growing dissent in Europe. The EU is described as "undemocratic from the start". The gist
of the question is whether the EU law–making process is sufficiently democratic. EU's democratic
performance should be judged on the basis of subsidiarity, representativeness, accountability and
engagement.
1.1 Democratic Deficit
1.1.1 Commission's monopoly
Firstly, there is democratic deficit as the Commission is not democratically elected but appointed by
the Member States' governments and it has the monopoly of initiating laws. It may alter its proposal
during law–making process as long as the council has not amended the proposal. However, EU
citizens do not elect this powerful body and thus it lacks legitimacy as it is much too powerful for an
institution that is not democratically representative of the EU citizens. It is only accountable to the
European Parliament and the Council. It can be argued that the Commission does not represent the
interest of the EU as a
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The European Union Essay
he European Union consists of many institutions and through these parts, it functions itself. While it
has a highly federalized government–like–framework (EU Parliament), simultaneously, it also has
loose intergovernmental institutions (Council of European Union and the European Council). It is a
complex hybrid organization, falling somewhere between the intergovernmental cooperative United
Nations, and the federal government of United States of America. The chief constituting bodies are
namely,
1. European Commission
2. European Parliament
3. European Council
4. Council of Ministers/ Council of EU/ EU Council ("The Council")
5. European Court of Justice
Besides these, there are nine other functioning institutions within the EU.
1. European Commission : Considered as the "Guardian of the European Union", the commission
represents the interests of EU, is responsible for the day–to–day operations of the EU, initiates
legislations, draws budget, is accountable for the goals set by the treaties and it can also begin
conversations. With the help of the ECJ, the Commission can also take warn and take proper steps
against respective states who have disobeyed the regulations, decisions or directives set by the EU.
It is said to be EU's "politically independent executive arm". The members are 28 in number, each
from each member country, being headed by the President. The President is first selected by the
European Council, and then he has to pass the by majority vote in the
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The European Court of Justice
The European Court of Justice is the main governing body for the EU and enforcer of the laws over
all of its member states. The functions of the European Court of Justice is to enforce Community
law, to tackle disputes between member states and the European council and between the member
states themselves, and also to protect the rights of all European individuals. The court consists of
three courts, Court of Justice of the EU, General court and the EU civil service tribunal which are all
located in Luxembourg. The Court of Justice and the General court both consist of 28 judges one
from each member state, with usually three to five judges sit and hear cases. Judges must be
independent from their own state believes and must make decisions based on what is best for the
European Community as a whole. The judges appoint a President whose job is to oversee the
direction of the court by assigning cases and appointing judge–rapporteurs. The Presidency has a
renewable term of six years. The judges are assisted by eight Advocate Generals who must be as
qualified as the judges. The advocates prepare the cases which they are going to hear. All ruling by
the court are binding on all member states. It is said that the European Court makes the law and
there is no right to appeal in the cases they hand down decisions on. The Court of First Instance was
set up in 1989 to take some of the work load off the Court of Justice, but was limited to cases
between the EC and its staff,
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Democracy And The European Union
Introduction:
Democracy in the European Union (EU) has been described by academics ranging from "a classical
case of a gradual de–democratisation through integration", to "opaque, technocratic, and distant
from its citizens". The EU began as an economic union with 6 initial members for integrating
Franco–German production of coal and steel following Robert Schuman's proposal in the 1950s. It
has now become a progressive political union, experiencing many innovations and changes in
numerous fields right from the ECSC to the Lisbon treaty. Today, the EU has 28 members
representing almost 500 million people. The expansion has resulted in the uprising of new complex
problems, democratic deficit being the most pivotal. Christopher Lord defined democratic deficit as
'insufficiently representative of, or accountable to, the nations and the people of Europe'. The phrase
was first used by David Marquand in 1979, referring to the then European Economic Community.
Democratic deficit ' in relation to the European Union, refers to a perceived lack of accessibility to
the ordinary citizen, or lack of representation of the ordinary citizen, and lack of accountability of
European Union institutions. The complex and distant nature of the European institutions have
contributed to this argument. This essay discusses the European institutions involved in the
legislative process before going on to evaluate the role played by national parliament to combat the
deficit, taking into
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Principle Foundation Of The European Union

  • 1. Principle Foundation of the European Union The European Union (EU) was 'founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law'. Democracy can be interpreted in different ways, for it means "the power of the people" where the public decide who they want as they leader by a majority vote system who represents the views of the people. Lisbon Treaty gave these rights the force of law therefore these rights are not to be violated by member states and must maintain a healthy baseline of democracy. Many academics have argued that the EU is suffering from a 'democratic deficit' due to the Euopean not having enough power and for other reasons which will be discussed. I will discuss the observation of Joseph Weilers 'standard version' of the democratic deficit and analyze the strengths and weaknesses of his argument. This essay will examine the reasons why many academics and authors believe there is a democratic deficit. Further discussions will point to renowned intellectuals who reject the idea of democratic deficit , such as Professor Andrew Moravcsik and Proffesor Giandomencio Majone who both refute the idea that the EU lacks democratic accountability– for different reason which will be discussed in detail. My conclusion will include my belief that the EU does suffer from a democratic deficit and this will be supported by the powerful evidence that will be stated throughout this essay. Title II Article 10 of the Post– Lisbon Consolidated Treaty of the ... Get more on HelpWriting.net ...
  • 2. The Sources of Legislation That Are Binding in Scots Law 1) The sources of legislation that are binding in Scots law are: European Union UK Parliament Scottish Parliament The European Union (EU) is economic and political union which is located in Europe in Brussels. It consists of 785 members representing the 492 million citizens of the 27 Member States of The European Union. Countries which join EU are Austria, Bulgaria, Belgium, Czech Republic, Greece, Hungary, Portugal, Cyprus, Estonia, Luxembourg, Denmark, Finland, Slovakia, France, Italy, United Kingdom, Germany, Ireland, Lithuania, Latvia, Malta, Netherlands, Poland, Spain, Romania, Slovenia and Sweden. EU is elected every 5 years throughout all the Members States. 5 Institutions serve the European Community: Council of ... Show more content on Helpwriting.net ... It must be possible to extract the ratio decidendi of the precedent. The ratio decidendi (reason for a decision) is the point of law on which the previous decision was based. Obiter dicta are remarks of the judge, which are not essential for the disposal of the case. They tend to be hypotheses indicating what his preferred decision would have been if the facts had been slightly different. The doctrine of judicial precedent is less rigid in the criminal courts. At present the most important decisions of the Scottish courts are published in the series known as "Session Cases" Examples are: a) Donaghue v. Stevenson, 1932 S.C. (H.L.) 31; b) H.M. Advocate v. Kirkwood, 1939 J.C. 36; c) Smith v. Oliver, 1911 S.C. 103. 3) Lawyers in the 17th and 18th centuries (called 'institutional writers ') wrote books setting out the principles on which Scots law is based. Many of these principles were based on Roman law. Lawyers in Scotland today still look at what the institutional writers said about the law and apply these principles to modern day situations. Their authority is always less than that of legislation and case–law, and so the court must always apply the legislation or the binding precedent in the event of a conflict. The most notable institutional writings are: a) Sir Thomas Craig b) Sir George Mackenzie c) Viscount Stair d) Lord Bankton e) ... Get more on HelpWriting.net ...
  • 3. European Law the Ordinary Legislative Procedure n European Law the Ordinary legislative procedure is used when drafting hard law to ensure that the democratically elected representatives of the EU citizens have an equal say in appropriate areas of law making. There will be a brief analyse of the Ordinary legislative procedure and a discussion on it. European Law is very complex law , within EU law there is various different treaties which are in place. Two most significant treaties which have importance to the legislative process are The Treaty on European Union and the Treaty on the functioning of the European Union. The Treaty on European Union also known as the Maastricht Treaty was signed in Maastricht 7th of February 1992 and the Treaty on the functioning of the ... Show more content on Helpwriting.net ... Second Reading The Parliament has three months from their first initial contact with the council about the commissions proposal for legislation if they have not came to a decision whether or not to carry on with the proposed legislation or agree with the Councils view on it .Then the council will be deemed to adopt the act in accordance with its position Art 294(7)(a) TFEU. The Parliament can take different approaches within the three month timeframe. The Parliament can reject the Council's perception if they do so then the act would be considered not to have been implemented. This is known as veto and prevents the bill becoming law. However in order for this procedure to take place there must be a majority vote of the component members of parliament. Or they can vote an majority vote to propose the amendments of the future legislation which the council has proposed. In my opinion I think that it is beneficial that the parliament can chose to make the law veto as personally the parliament members are for the citizens of the European Union therefore as they have the power of veto then they can ensure fair and effective legislation is introduced into Europe and not just any old law which is only really benefiting members of the Council. Although in order to make the law veto there must be a majority which I personally ... Get more on HelpWriting.net ...
  • 4. The European Union : The Horrors Of The European Union European Union The European Union (EU) was established in order to prevent the horrors of modern warfare, experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again, by aiming to create an environment of trust with the countries of Europe cooperating in areas such as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade, political and monetary alliance between twenty–eight European Member States. While not all Member States are in monetary union (i.e. share the currency of the euro), those that are form the 'Euro–zone' (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act, or law, being the most powerful. Its 'tricameral' (European ... Show more content on Helpwriting.net ... Votes are allocated according to a country's population size. However, some of the smaller states, such as the UK, receive more votes than is actually justified by population size. The European Commission is the Executive (governmental) body of the EU, initiating legislative proposals and also managing the EU's budget (Europa, 2007). Each commission operates for a five– year period, with meetings taking place in Brussels every Wednesday. The Commission consists of a President of the Commission and twenty–eight commissioners (some vice presidents). Employees of the Commission are organised according to department (Directorates–General) and answer to a Commissioner. The Commission exists in order to represent the interests of the whole of the EU (thus arguably the whole of Europe), as opposed to individual Member States. The Commission represents the EU on a global basis and is the main participant in negotiations in areas such as trade. The appointment of Commissioners is the responsibility of the Parliament, with all having previously assumed senior positions in politics in their own country, usually within its national government. Proposals are drafted by the senior civil servant (Director–General. A proposal may be adopted if more than half of the Commissioners decide to adopt it. Once agreed, all Commissioners must give their unconditional support – similar to the collective responsibility held by the Scottish executives and the UK. The Commission works closely ... Get more on HelpWriting.net ...
  • 5. Democracy Is A Democratic Institution? While discussing what democracy is, Dahl arrives at the conclusion that every member of an association that is to be seen as a democracy should be politically equal to everyone, he states that there should be a political procedure, which requires five principles: Effective participation (All members of the association should have equal and effective opportunities to make their voice heard before policy changes are decided upon), Voting equality (No one should have a vote that counts more than someone else's vote), Enlightened understanding (Each member should have the same opportunity to learn about relevant alternative policies and what they may bring), Control of the agenda (The members should have equal opportunity to choose which matters that are to be placed on the policy agenda), Inclusion of adults (All adult residents should have the rights implied by the first four criteria). Taking into consideration the above definition of democracy by Dahl, can it be said that the European Union (EU) is a democratic institution? The EU has gone through different Treaties in order to achieve democratic legitimacy. This includes the Treaties of Amsterdam (1997), Nice (2001), the "unsuccessful" Treaty Establishing a Constitution for Europe (2004), and the Treaty of Lisbon (2007). The last two treaties, stirred open debates around Europe, with critics claiming that the treaties will channel a way for an unelected European super–state, while at the same time, defenders argued that it ... Get more on HelpWriting.net ...
  • 6. Role Of The European Parliament On The Eu Decision Making The role of the European Parliament in the EU decision–making process is to gradually strengthened. Initially it is only entitled to counseling and supervision. Prior to 1986, the maximum power it holds it is only right to decide on the budget, you can modify the non–mandatory budget for mandatory budget for minor changes, and formally adopted budget. 1986 "Single European Act" by the so–called "cooperative program", making it the right to a preliminary decision of the Council 's proposed amendments and has authority over the second reading of the draft legislation. After the signing, "Maastricht Treaty" has confirmed the above–mentioned system by the "Single European Act" established and further expand it may reject draft legislation for the Council, and to report thereon to veto the proposed legislation. The "Amsterdam Treaty" by introducing a "shared decision making" system, the European Parliament and the EU Council of Ministers placed in the same position on the legislation, the European Parliament finally become a true partnership legislature. National interests between EU member states and the European Union have agreed on the development of supra–national integration, there are also contradictory, divided diversification and various decision–making body of the EU decision–making body can be seen as a search for balance and consensus, resolve conflicts institutional arrangements. This arrangement with Western political separation of powers strong color, also contains ... Get more on HelpWriting.net ...
  • 7. Legal Environment of Business [pic] BАBS Legal environment of business Home Assignment Seminar leader: Margit Racz Student name: Nurlаn S. Kurmаlаyеv Contents 1. Introduction..........................................................................3 2. The constitutional order of Hungary..............................................3 1. Legislation................................................................... 3 2. Execution tasks................................................................................3 3. Judicial power................................................................4 3. The constitutional order of the EU................................................4 1. Legislation....................................................................4 2. Execution tasks...............................................................5 3. Judicial power................................................................5 4. Conclusions (similarities + ... Show more content on Helpwriting.net ... Court system in the Republic of the Hungary divides into two: 1. Ordinary courts, 2. Special courts. The ordinary courts are organized on four levels: the Judgment Boards, the Court of the Capital and the county courts, the Supreme Court of the Republic of Hungary and the last but not the least is local courts. The constitutional order of European Union Legislation There are two bodies responsible for the legislative tasks in the EU. First one is The Council of the European Union (officially the Council and commonly referred to as the Council of Ministers) is the principal decision–making institution of the European Union. The Council is composed of twenty– seven national ministers. The primary purpose of the Council is to act as one of the two chambers of the EU 's legislative branch. The Council is the main law–making body of the EU (on the initiative
  • 8. of the Commission and in co–decision with the European Parliament). The Council is based in Brussels, but meets at fixed intervals in Luxembourg. Second body responsible for legislative task is European Parliament. The European Parliament is the directly elected parliamentary institution of the European Union. Its essential function is to express the will of the Union's citizen in the Community decision–making process hand–in–hand with the Council, representing the interests of the Member States. Together with the Council of the European Union, it forms the bicameral ... Get more on HelpWriting.net ...
  • 9. Democracy Is A Democratic Institution? While discussing what democracy is, Dahl arrives at the conclusion that every member of an association that is to be seen as a democracy should be politically equal to everyone, he states that there should be a political procedure, which requires five principles: Effective participation (All members of the association should have equal and effective opportunities to make their voice heard before policy changes are decided upon), Voting equality (No one should have a vote that counts more than someone else's vote), Enlightened understanding (Each member should have the same opportunity to learn about relevant alternative policies and what they may bring), Control of the agenda (The members should have equal opportunity to choose which matters that are to be placed on the policy agenda), Inclusion of adults (All adult residents should have the rights implied by the first four criteria). Taking into consideration the above definition of democracy by Dahl, can it be said that the European Union (EU) is a democratic institution? The EU has gone through different Treaties in order to achieve democratic legitimacy. This includes the Treaties of Amsterdam (1997), Nice (2001), the "unsuccessful" Treaty Establishing a Constitution for Europe (2004), and the Treaty of Lisbon (2007). The last two treaties, stirred open debates around Europe, with critics claiming that the treaties will channel a way for an unelected European super–state, while at the same time, defenders argued that it ... Get more on HelpWriting.net ...
  • 10. Questions On Parliamentary Sovereignty Of The Uk... Module: Law Component: assignment 2 Percentage of final module grade: 20% "The development of the EU has slowly eroded the sovereignty of the UK Parliament" Student Number: 1546031 Word Count: Parliamentary Sovereignty is the concept that Parliament is the supreme legal authority in the United Kingdom. Kellerman, M. G. (2011) argues that since the United Kingdom unlike most other countries does not have a codified constitution to restrict the powers of the Parliament, the main check on power of the British Parliament is the sovereignty of the future parliaments. The European Union has been growing since its establishment and its growth has been considered a threat to the Parliamentary Sovereignty of the UK, since their joining of the EU in 1973. This essay will showcase the treaties, institutions, cases, and acts that have eroded the sovereignty of the UK Parliament and will conclude that the development of the EU will only further reduce the power of Parliamentary Sovereignty as long as the United Kingdom stays a member of the EU. Britain has sacrificed power to treaties since the end of World War 2 in order for better relations with foreign countries, these treaties and others developed into what is now known as the European Union. Perhaps the most significant of these treaties is the Treaty of Rome (1957). The UK conceded to this treaty in 1972 and for the first time European Law was given power in the UK through an act of the UK ... Get more on HelpWriting.net ...
  • 11. The European Union A lot of authors have analysed the governance, the structure and the very nature of European Union, and pronounced that it suffers from a democratic deficit. It has been argued that, the European Union is not firmly made to democratic pressures and that it gives a privileged position to the national executives, allowing them to escape proper parliamentary scrutiny. "The European Union has been further described as not transparent, and distant from its citizens. Looking in details the institutions within the European Union (EU), analyzes their powers and the relationship between them, treaty on European Union, the main EU institutions are the European Parliament, the Council, the European Council, the Commission, the Court of Justice, the European Central Bank, and the Court of Auditors. This will explains that these institutions are given different powers, and are required to work together in order to provide the checks and balances within the Union legal order, or the institutional balance, reference to the composition and powers of the EU Institutions, concentrating on some only, and their respective functions, composition and structure". "Definitions of 'democratic deficit', may relates to the engagement of citizens with politic and law– making processes. This operates through their right to select and reject, in the electoral process, the persons whom they consider will best represent their interests in formulating law and policy". In relation to European Commission, ... Get more on HelpWriting.net ...
  • 12. Assess The Role Of A Democratic Deficit In The European Union The governmental system which embodies the European Union is currently both ambiguous and undemocratic. However, in order to explore alternative strategies of improvement, it is firstly crucial to identify the root of the deficit. One is then able to discuss contributing factors which affect the national parliaments lack of importance when creating legislation and strategies of review such as the subsidiary and proportionality tests. When identifying the presence of a democratic deficit in the European Union, it is important to consider a range of factors, including international treaties and the effect they had on its structured governmental framework. One of the first official agreements established by the European Union (formerly ... Show more content on Helpwriting.net ... It is also important to consider the effect that the principle of subsidiarity can have on the central European Parliament, as it is required to only carry out "those tasks which cannot be performed effectivity at a more immediate or local level" . This importance of decisions being taken as closely as possible to the citizen, can be monitored through constant checks being made to verify that the higher EU level is legitimately required. After members of the European Parliament were granted the power to approve or reject legislation in 1979 , it was then established in Article 5 of the Treaty of Lisbon that member states must also be given the ability to repeal an adoptive legislative act. This is particularly regarding one of shared areas, to certify "the efficiency and democratic legitimacy of the union and to improve the coherence of its action" . There is also much concern that unless EU voters can "become more credible and legitimate in the eyes of the voter" , particular areas of the Union may begin to tangle. In recent years, it has been increasingly apparent that European Parliament election turnout is on the decline, with just 35.6% of British citizens casting their vote in 2014. This is remarkably low, especially when viewed alongside other national decisions such as the referendum for Britain to leave the European Union, which received a staggering 72.2% turnout. However, this decline was not ... Get more on HelpWriting.net ...
  • 13. The United States ' Take Back Control Brexit has caused a divide amongst the UK population, with 52 to 48 percent in favor of leaving. "Take back control" has been at the forefront of the Brexiter's campaign, some arguing the UK Parliament had lost its power when it passed the European Communities Act of 1972. For the structure of this paper, I will start by highlighting key arguments put forward by Brexiters as they relate to Parliamentary sovereignty. Followed by a comprehensive look at Parliamentary and other types of sovereignty and what they imply, followed by a decision whether the UK will regain power by canceling its membership to the EU. Key Reasons for Argument: "Taking back control." Immigration – the UK does not have enough control over its borders. Under the current EU's fundamental right of free movement, any citizen of a member state may move and work in the UK without first getting a visa, and in some circumstances, access to benefits. The migrant crisis that has found its way to the UK's doorstep in Calais, France has created a cause for concern as migrants try to make it to UK soil and claim asylum. By leaving the EU, Brexiters argue, the UK government will have the power necessary to stop and control the migrant invasion. National security and defence – due to the previously mentioned right to free movement, the UK is leaving the door open to terrorist attacks. The open border policy does not allow the UK to check and control people. Regaining authority over its borders puts the UK in a ... Get more on HelpWriting.net ...
  • 14. A Democratic State Of Unprecedented Model Essay A legislative process where there is a lack of transparency and accountability creates a democratic deficit. A democratic deficit (or democracy deficit) occurs when presumably democratic organisations or institutions (particularly governing institute) fall short of fulfilling the principles of democracy in their practices or operation where representative and linked parliamentary integrity becomes widely discussed. As far as lack of democracy is concern at European Union, it was first cited by a by Young European Federalists in their manifesto at that time. European Union was formed in order to create an everlasting relation within in its state. It is worth remembering the EU is a supranational state of unprecedented model. It is also worth remembering that EU initially was formed only to enhance collaboration within few financial interests and democracy was not the goal it thrived for. This initial goal has slightly been over shadowed by some critics of its undemocratic status. This issue has somewhat cause the estrangement within the EU states. There have been calls for EU to involve its citizen more and more into their decision making. Although considerable efforts are made throughout its history but one might argue that EU could have done more in order to make it more transparent in last half a century. In order to unearth the truth behind the criticism an overview of the legislative institutes and their processes will have to be studied. We will have to look at the ... Get more on HelpWriting.net ...
  • 15. Essay on The European Union The European Union (EU) was established in order to prevent the horrors of modern warfare, experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again, by aiming to create an environment of trust with the countries of Europe cooperating in areas such as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade, political and monetary alliance between twenty–eight European Member States. While not all Member States are in monetary union (i.e. share the currency of the euro), those that are form the 'Euro–zone' (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act, or law, being the most powerful. Its 'tricameral' (European Union, 2007) ... Show more content on Helpwriting.net ... However, some of the smaller states, such as the UK, receive more votes than is actually justified by population size. The European Commission is the Executive (governmental) body of the EU, initiating legislative proposals and also managing the EU's budget (Europa, 2007). Each commission operates for a five– year period, with meetings taking place in Brussels every Wednesday. The Commission consists of a President of the Commission and twenty–eight commissioners (some vice presidents). Employees of the Commission are organised according to department (Directorates–General) and answer to a Commissioner. The Commission exists in order to represent the interests of the whole of the EU (thus arguably the whole of Europe), as opposed to individual Member States. The Commission represents the EU on a global basis and is the main participant in negotiations in areas such as trade. The appointment of Commissioners is the responsibility of the Parliament, with all having previously assumed senior positions in politics in their own country, usually within its national government. Proposals are drafted by the senior civil servant (Director–General. A proposal may be adopted if more than half of the Commissioners decide to adopt it. Once agreed, all Commissioners must give their unconditional support – similar to the collective responsibility held by the Scottish executives and the UK. The Commission works closely with both ... Get more on HelpWriting.net ...
  • 16. The European Union's Democratic Deficit The European Union has greatly evolved over the decades since it has begun into a well–evolved quasi–state of over 28 countries, and over five hundred million citizens. The European Union has been regarded as a method to bring democratic stability and economic prosperity to less developed democracies in East and Central Europe. Although the European Union has a mandate to bring all of these standards, the European Union lacks these basic standards for their overall institution. This structural problem has given the European Union its own 'democratic deficit'. The rise of the democratic deficit has arisen from many undemocratic characteristics of EU institutions, and a lack of a demos or a lack of a single socio cultural European identity. In order for a political body to remain legitimate, it must have the trust and support of the citizens it governs, and make changes for the continuation of its future. In other words, if the European Union does not take action to combat its democratic deficit, the future of the European Unions institution will be at risk. Another serious issue is the European Union has seen democratic backsliding of many Eastern European countries. This paper will discuss the major issues that the Democratic Deficit has caused for the European Union, and what possible reforms can be done to help fix the democratic deficit. The European Union is one of the world's greatest economic superpowers. Although the EU does not have the police or military strength ... Get more on HelpWriting.net ...
  • 17. The Issue Of Parliamentary Sovereignty H Introduction The concept of parliamentary sovereignty is one of the imperative components of the supreme legal authority in UK constitution. The parliamentary supremacy is the key legislative authority body to all governmental establishment in the country. Which implies the parliament can charge power to the local authorities, professional bodies and statutory instruments to enact legislation. Practically, the Parliament has the power to make and dissolve any law which means any law passed by the parliament cannot be overruled by any court rules. No parliament, on the other hand can enact law that a future parliament cannot amend Which means that, they are the only figure that can change or reverse laws passed by the them. The UK is ... Show more content on Helpwriting.net ... The expansion of freedom of information has been a fundamental principle of UK constitutional structures which Parliament should not be a subject to judicial review (Corporate Officer of the House of Commons v The Information Commissioner). As in the case of (Pickin v British Railways Board) the Crown has no common–law authority to review Acts. The Bill has passed through stages before it receives a Royal Assent which is given to the Queen's committee, the Lord Chancellor and two other peers. It then becomes an Act of Parliament. But will not come into operation until a commencement date is announced by the statutory instrument. The Parliament Acts 1911 and 1949 weaken the rule as Bills may receive Royal Assent without consent of the House of Lords. In Pickin v British Railways Board case the Lord Denning challenged that the courts should be mindful when checking procedure to avoid abused of power. The Limitation of Parliamentary Sovereignty The supremacy of European Union is not the only development that has undermined the UK supremacy of parliamentary sovereignty. There are recent developments of Human Right Law and the devolution of Scottish and Wales Assembly which has greatly weaken the traditional notion of parliament being supreme in UK. Seemingly, the supremacy of European Union is the pillar of all members of the union ... Get more on HelpWriting.net ...
  • 18. The European Union 's Democratic Deficit The European Union has greatly evolved over the decades since it has begun into a well–evolved quasi–state of over 28 countries, and over five hundred million citizens. The European Union has been regarded as a method to bring democratic stability and economic prosperity to less developed democracies in East and Central Europe. While the European Union has a mandate to bring all of these standards, the European Union lacks these basic standards for their overall institution. This structural problem has given the European Union its own 'democratic deficit'. The rise of the democratic deficit has arisen from many undemocratic characteristics of EU institutions, and a lack of a demos or a lack of a single socio cultural European identity. In order for a political body to remain legitimate, it must have the trust and support of the citizens it governs, and makes changes for the continuation of its future. In other words, if the European Union does not take action to combat its democratic deficit, the future of the European Unions institution will be at risk. Another serious issue is the European Union has seen democratic backsliding of many Eastern European countries. This paper will discuss the major issues that the Democratic Deficit has caused for the European Union, and what possible reforms can be done to help fix the democratic deficit. The European Union is one of the world's greatest economic superpowers. Though the EU does not have the police or military strength to ... Get more on HelpWriting.net ...
  • 19. European Community Law Enacted Into Domestic Law The European Communities Act 1972 was passed by parliament, this introduced the European Community law enacted into domestic law. On the 1st January 1973, the United Kingdom joined the European communities, along with other European nations, and this embarked on the nations becoming the European Union. On the 23th June 2016, the European Union Referendum Act 2015 took place questioning as to whether the United Kingdom should leave the European Union, and thus, the people voted in agreement to leave. This triggered Article 50 of the Treaty on European Union, whereby Prime Minister Theresa May is to give liable notification to exit the European Union. This allows a two–year 'open window' to discuss a withdrawal agreement. The R (Miller) v Secretary of State for Exiting the European Union case discusses as to whether the Crown's notice is substantial to give notice of this leave. The legal issue presented before us asks if the Crown Court has the prerogative power to give notification under Article 50 to exit the European Union without notifying parliament. This foreseeing the risk of losing European Union statutory rights. The Crown agrees so, and this brings into question parliaments sovereignty, Britain's constitutional statutes and what can be perceived as a diminishing history of democracy. The defendant Secretary of State pinpoints that in the ECA 1972, 2015 Referendum Act or any other United Kingdom legislation passed by parliament states no terms which show that the ... Get more on HelpWriting.net ...
  • 20. Poland's Role Of The State Of Poland The Republic of Poland, commonly referred to simply as Poland, is a unitary state that operates with a parliamentary republic government. In addition, Poland has also been a member of the European Parliament since 2004 in which it is the sixth largest member state with a population of over 38.53 million as of 2013. The politics of Poland can arguably be viewed as complex to an outsider, such as one from the United States of America. Unlike the United States, Poland does not use a two–party system in elections and it also operates under a semi–presidential system meaning the country has both a president and prime minister. Poland operates with a semi–presidential system in which there is both a president and a prime minister taking part ... Show more content on Helpwriting.net ... Duda is an independent politician meaning he does not particularly align with any political party. Contrarily, Szydło is a member of the political party known as the Law and Justice party. The political parties, or lack of, of Polish politics can greatly assist in influencing how Poland is governed. Poland operates under a multi–party system in which various political parties compete against one another in elections. This system contrasts from the United States in that the United States operates within a two–party system in which elections are between only two major political parties. Poland currently has 15 political parties that hold seats in either the Sejm, Senate or the European Parliament. These parties include Law and Justice, Civic Platform, Modern, Polish People's Party, Union of European Democrats, Union of European Democrats, Democratic Left Alliance, Solidary Poland, Poland Together, Liberty, Congress of the New Right, Right Wing of the Republic, National Movement, Real Politics Union, Labour United and National–Catholic Movement. Civic Platform and Law and Justice are the two major political parties of Poland, as they accumulate the most seats by a plurality in the Sejm, Senate and European Parliament. Due to their pluralities in these institutions, members of these two parties have a large impact and influence on decisions in the country of Poland. In addition to ... Get more on HelpWriting.net ...
  • 21. The English Legal System Can No Longer Be Considered on... The European Community was set up by the EEC Treatyin 1957, and the UK joined the Community in 1973. On joining the Community, now called the European Union, the UK and its citizens became subject to EC law. This subjection to European law remains the case, even where the parties to any transaction are themselves both UK subjects. In other words, in areas where it is applicable, European law supersedes any existing UK law to the contrary. Community law consists primarily of the EC Treaty and any amending legisla¬tion such as the Single European Act to which the UK acceded in 1986, the Maastricht Treaty 1992 and the Treaty of Nice 2001. However the most recent reform was introduced by the Lisbon Treaty, signed by all the members in ... Show more content on Helpwriting.net ... The Council is made up of ministerial representatives of each of the 27 member states of the Union. Thus, when considering economic matters, the various states will be represented by their finance ministers or, if the matter relates to agriculture, the various agricultural ministers will attend. The Council of Ministers is, in essence, the supreme organ of the EU and, as such, it has the final say in deciding upon Community legislation. Although it acts on recommendations and proposals made to it by the Commission, it does have the power to instruct the Commission to undertake particular investigations and to submit detailed proposals for its consideration. The European Parliament The European Parliament is the directly elected European institution and, to that extent, it can be seen as the body which exercises democratic control over the operation of the EU. As in national Parliaments, Members are elected to represent constituencies, the elections being held every five years. Membership is divided amongst the 27 member states in proportion to the size of their various populations. The Parliament 's general secretariat is based in Luxembourg and although the Parliament sits in plenary session in Strasbourg for one week in each month, its detailed and preparatory work is carried out ... Get more on HelpWriting.net ...
  • 22. Similarities Between The United States And The Federal System The United States Federal System and the current Federal System for the European Union have many similarities and differences. The traditional division of the functions of a federal government are the legislative, executive and the judicial branch. The United States is made up all three branches separately to "check" potential abuses and balance each of the branches. The European Union also has three main political institutions that constitute the executive and legislative branches, as well as the independent judiciary with the power to exercise judicial review (European Parliament). The legislative Branch for the United States is divided into two parts: House of Representatives and the Senate. The House is made up of 435 elected members, which is divided among the 50 states in amount to their total population. The Speaker of the House, who is the third in the line of succession to the Presidency, is elected by the Representatives. The members of the House are elected every two years and must 25 years of age and been a U.S. citizen for at least 7 ... Show more content on Helpwriting.net ... There are only a few differences between the House and the Parliament such as the House has the right to introduce new legislation while the Parliament has no right to initiate legislation but co– determines EU legislative planning (European Parliament). For the Senate and the Council of the European Union, it is also the exact same thing as the House and the Parliament. The only differences between the Senate and the Council are: there are two senators from each Senators from each State in the Senate while there is one representative from each Member State government and one vote per Senate member while the member state population of the Council determines how many votes each member State has (European ... Get more on HelpWriting.net ...
  • 23. The European Union What are the principal institutions of the European Union? To what extent do these institutions engage with the sources of EU law? The european union is a economic as well as a political partnership between 28 different countries located in Europe (Euabc). The Creation of the European union was caused due to the disruption of the Second World War. The Treaty of Rome was the initial treaty introducing the EEC, Its main aim was to create economic cooperation between many of the states so that the countries could trade interdependently and create the least possibility of conflict between the different countries. The result was the creation of the European Economic community aka EEC which was created in 1958 which had created economic cooperation between Belgium, Germany, France, Italy, Luxembourg and the Netherlands. Since then this has grown into interdependent economic cooperation between many countries and potentially looking to increase its cooperation with other countries located in Europe. One of the EU's goals include the promotion of human rights. The Lisbon Treaty of 2009 enforces the core values of Human dignity, democracy, freedom etc. These aspects are minded together as the basic law for Human rights. Today the main aims of the EU include as such: The promotion of Peace and well being of the unions citizens, The are of freedom, security and justice, Sustainable development, a social market economy and a free single market. (Euabc) Since the creation of the ... Get more on HelpWriting.net ...
  • 24. The Importance Of The Various Levels Of Government And... For this assignment, I will outline the responsibilities of the various levels of government and elected bodies by providing information of local, national and European government. In my assignment, I will also include some hierarchical diagrams. Everything we do or decide is influenced by politics. In the UK, there are many different levels of Government that have an impact on our lives. One of these levels is the European Union. The three main EU Institution are the European Commission, which promotes the common interest and the current president of the European Commission is Jose Manuel Barroso; the European Council and the Council, which is the voice of the Members States and the current president of the European Council is Herman Van Rompuy; the European Parliament that although is not part of the UK levels of government, it has a significant impact on European Union citizens. The European Parliament, together with the Council, debates and passes European laws and adopts the EU's budget. The European Parliament has 736 members who represents all 27 members' states of the EU. Its main role is to delegate legislation on issues such as transport, environment, equal opportunities and movement of workers and goods. In conclusion, the European Parliament is the voice of the people. The president of the European Parliament is Martin Schutz. In the UK Parliament, the main body is the Central Government, which is responsible for the health and safety of people as it maintains ... Get more on HelpWriting.net ...
  • 25. European Union : Its Impact On International Perception Of... European Union: Since its founding in 1958, the European Union's main purpose has been to promote peace, human rights, cooperation, democratic ideals, and the well–being of the European people. It has enabled Europe to emerge from destruction of World War II with a much unified marketplace, connected through a single currency, the Euro. The EU is a unique structure in that it is one of the biggest governing alliances worldwide that has been reasonably successful in its purpose. There are several elements of the structure, such as the European Council, European Parliament, Council of the EU, and the European Commission, as well as many others that help the EU to run efficiently and effectively. One of the most important aspects of the European Union is most likely the European Commission, due to its highly influential role on the management of the EU, as well as its impact on international perception of the EU. The Commission is headed by a single president, under whom there are 28 Commissioners, one from each EU country. Each Commissioner serves a 5 year term in the EU, and each one is assigned a specific area of EU policy by the president of the EU. An important aspect of the European Commission is its ability to propose new laws to Parliament and the European Council (in most cases, this is only done when issues cannot be dealt with at the national, regional, or local level). If at least half of the Commissioners agree with the proposed law, the draft is sent to the ... Get more on HelpWriting.net ...
  • 26. Democracy And The European Union Democracy in the European Union is as good as it could be. Nowadays democracy is sometimes assumed like pregnancy, in other words meaning that the democracy should be either present or not. However, there could be more or less democracy. In fact, much depends on what one believes should be in the scope of its definition. Furthermore, democracy is not easy to define as its boundaries are unclear. According to Oxford dictionary, democracy is a system of government in which individuals are involved in the decision–making process about the affairs of the state by means of voting and electing representatives to a parliament. This essay shall start by looking into the routes of democracy in the European Union, then discuss the notion of a ... Show more content on Helpwriting.net ... This argument is always blended with the issue of democracy, more specifically, democratic deficit. Maurice Duverger defined "democratic deficit"as a combination of the parliament's lack of legislative power, of the lack of publicity in the actual process of legislation and of the lack of a definite separation between executive and legislative powers. To shed more light on this definition it is necessary to consider the operation and effectiveness of the legislative institutions in the European Union, issue of transparency and the separation of powers within the executive and legislative powers. There is no single body that can be described as the Union's legislature. Both the Council and the Parliament play significant roles in the process. The European Parliament is frequently accused of democratic deficit. In particular, there are two separate issues to consider: one relates to its composition and another is connected to the engagement of citizens in Parliament. First of all, the European Parliament initially consisted of delegates designated by the Parliaments of Member States, but since 1979, it has been directly elected by the people according to the national electoral system of each Member State. Undoubtedly, that reform helped to overcome the democratic deficit to some extent. Nevertheless, the European Parliament is often criticized of failing to generate much commitment and ... Get more on HelpWriting.net ...
  • 27. An Analysis of the Powers of the European Parliament Essay An Analysis of the Powers of the European Parliament History of the European Parliament: On the 18th April 1951 the Ministers representing France, Germany, Italy, Belgium, Holland and Luxembourg signed in Paris a treaty which established the European Coal and Steel Community, the ECSC was born. The most important feature of the ECSC was its supranational character, it was a supranational organization. It was aptly described as a 'quasi federation in an important economic sector.[1] The Community was endowed with five organs; 1. An executive, called the High Authority 2. A Consultative Committee attached to the High Authority 3. A Special Council of Ministers 4. An Assembly ... Show more content on Helpwriting.net ... Two years later, Greece joined the EEC followed by Spain and Portugal in 1986. With the entry of Austria, Finland and Sweden in 1995, the European Parliament was expanded to its present size of 626 members. The Treaty of Nice provides that the allocation can be reweighed from 2004 to accommodate new Member States without increasing the number of MEPs beyond 732. The size of the European Parliament has increased so has its powers. Originally, the EP was conceived as little more than a consultative assembly with limited scope in certain areas, however it has gained significant new powers and responsibilities with the signing of the Single European Act in 1986, the Maastricht Treaty in 1992 and the Treaty of Amsterdam in 1996. Elections Election s to the European Parliament are held on a five year fixed term basis, there is no uniform electoral procedure consequently the five sets of direct elections held to date have been contested on the basis of different national electoral arrangements. In the 1999 elections the UK did not use its standard 'first past the post' system, but rather proportional representation on a regional basis. This meant that for the first time a form of proportional representation was used in all Member States. As well as the differences between the electoral systems of
  • 28. ... Get more on HelpWriting.net ...
  • 29. Principal Instiutions and Laws of the European Union Law Assignment What are the principal institutions of the European Union? To what extent do these institutions engage with the sources of EU law? 1946 in a speech in Zurich after WWII, did Winston Churchill call for "kind of United States of Europe" (Coe.int, 2014). 1951 the ECSC is established by Belgium, France, Germany, Italy, Luxembourg and the Netherlands. Six years later in 1957 does the Rome treaty sets the start of the EEC the beginning of the european common market and the EURATOM (atomic energy community). In 1961 does Britain in fellowship with Denmark and Ireland apply for membership to the EEC but it is not until 1973 when the approval has been granted hence to Charles de Gaulles veto (News.bbc.co.uk, 2014). ... Show more content on Helpwriting.net ... The European Commission is the main executive body of the EU and proposes new legislation to the Parliament and Council as well as it represents the EU internationally. Further the Commission enforces union law in collaboration with the ECJ when a member state has not met his EU obligations (Gov.uk, 2014). The Commission is run by a president (currently José Manuel Barroso) and a commissioner of each member state. The President is nominated by the European Council not to be mistaken with the Council of ministers. Also do appointments by the Commission have to be approved by the European Parliament which also has the sole power to dismiss the Commission (Europa.eu, 2014). The European Parliament consisting out of 785 members represents the people of the EU and is directly elected every 5 years, it is with the Council which is acting as the representative of the Governments of EU members the main Law–making institution (Adams, 2010). It passes jointly with the Council new EU Law, this process is called ordinary legislative procedure. Other tasks of the Parliament is scrutinising other EU institutions like the Commission to ensure their democratic operating. Further Tasks include the annual budgeting of the EU carried out by a committee which also works in collaboration with Council (Europa.eu, 2014). The last of the principal institutions of the EU is the Court of Justice of the European Union which has three ... Get more on HelpWriting.net ...
  • 30. The European Union Decision-Making Procedure Essay As at January 1, 2007, the European Union comprised of 29 member States (United kingdom, Ireland, Denmark, France, Netherlands, Italy, Germany, Luxembourg, Belgium, Spain, Poland, Slovenia, Lithuania, Czech Republic, Estonia, Finland, Slovakia, Cyprus, Greece, Hungary, Latvia, Malta, Portugal, Austria, Sweden, Bulgaria, Romania, Croatia and Turkey.) Decision–making at the European Union comprises three main institutions; the European Commission (comprises all the member states), the European Parliament (its composition is governed by the founding treaties, and the Act of September 20, 1976 on election of members of the European Parliament by direct universal suffrage.) and the Council of the European Union (comprises of representatives ... Show more content on Helpwriting.net ... The proposal will then be returned back to the Commission for consideration of the amendments suggested after which it forwards the amended proposal to the Council which may amend it further or accept the amended proposal unanimously. Matters that go through the consultation process are: police and judicial cooperation in criminal matters, revision of treaties, tax arrangements, economic policy, agriculture, discrimination instances, transport, competition rules, visas, immigration and asylum cases, enhanced cooperation and European Union citizenship . The assent procedure reiterates that the European council in reaching a decision alone must obtain the consent of the European Parliament before hand. The decision on the proposed legislation should not be one that seeks to amend the proposal but rather accept it as it is or reject it as it is; the majority vote carries the day. Article 16 of the European Union affirms that the Council must act by a qualified majority unless waived by a subject treaty. Protocol No. 36 on the Transitional provisions on qualified majority that is valid till October 2014 proposes that Germany, France, Italy and the United Kingdom shall bear 29 votes each while Spain and Poland shall carry 27 votes each. Netherlands have 13 votes, Belgium, the Czech Republic, Greece, Hungary and Portugal each bear 12 votes, Denmark, Finland, Ireland, ... Get more on HelpWriting.net ...
  • 31. Tackling The Democratic Deficit Between The European Union... This essay seeks to identify, define and offer practical solutions to tackling the democratic deficit which in the European Union (EU). Apart from the economic issues plaguing the EU, which is most discussed topic, the issue of its democratic deficiency remains undebated. Democracy deficit in the EU in its ordinary meaning means that there is gap between the EU institutions and citizens in the member states of the EU. Recommendations have been put forward to bridge the gap between the EU's institutions and the citizens in the member nations of the EU. These range from empowering the national Parliament of member states to giving citizens more direct voice in Europe. A founding principle of the European Union is Subsidiarity. This is ... Show more content on Helpwriting.net ... Accountability as a principle allows for people to hold the EU to account. Citizens must be able to review the performance of those who make decisions. Giving the power to find blame worthiness in the EU allows people to feel closer to governing institutions and empowers them. It also has the potential to improve the policy decisions of those in power. Finally the principle of Engagement. Engagement should not only have to exist at the voting booths and ballot boxes it should go beyond. For democracy to exist one of the requirements is an election. However, elections without involving the exchange of views between citizens and elected representatives, leads to a pseudo–democracy. This means there would exist alongside the institutions a form of democracy however without any content. After all, by definition, Democracy is rule by the people. The efficacy of a democratic system can therefore be measured by the level of engagement and trust in it. After establishing the four principles as the basis for examining the EU's democratic performance, what's left to examine is how the EU falls short of meeting these standards resulting it suffering from 'democracy deficit'. The 'democratic deficit' is a well–established concept (it was first coined by David Marquand in 1979). In fact, it is even ... Get more on HelpWriting.net ...
  • 32. The Differences Between Uk Parliament And European Parliament Introduction The consciousness of democracy and decentralization grow in people's mind and formed various kind of country during the history of human. The UK evolves about thousands years and become a constitutional monarchy country with nowadays appearance. The Europe suffered first and second war and others conflicts between European countries, to prevent further war occur in Europe European Union were built. In the last about sixty years the EU shows it's potential and has the second largest parliament in the world with multiple member countries. The essay mainly focus on discuss the differences between UK parliament and European Parliament, statistics, government act, declaration and treaties will be given in order to support the opinions. Firstly, the origin and developments of the two parliaments will be given. Secondly, the essay will compare the two parliaments from aspects of structure, composition, function and role. Thirdly, a clear definition of power and ability between UK parliament and EU parliament will be illustrated. Then, the ability of parliament hold executive to account will be discussed. Ultimately, there will be conclusion to brief review the gist of this essay. Origin and Developments The evolution of UK parliament across about a thousand years, and can date back to Saxon era. At that time, there was a council or witan give advices to Saxon Kings comprised with nobles. In 13th century, Government became a "franchise operation" that the King ... Get more on HelpWriting.net ...
  • 33. The European Union ( Eu ) The European Union (EU) does not have an unlimited power to act. The limits of Union competences are governed by the principle of conferral. Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States (MS) in the Treaties. The central debate about competence is with regard to the principle that the EC operates within the confines of attributed powers tends to be obscured by an open–handed reading of the matter in practice. The Articles of EC are broadly worded, with little restrictions. For example, Article 95 EC provides the Council the power to pass directives and regulations so as to facilitate harmonization of the internal market. It is a residual provision that operates, "save where otherwise provided in this Treaty". This could be translated as a general power of regulating the market. Also Article 308 EC empowers the Community to legislate where it is "necessary to attain, in the course of the operation of the common market, one of the objectives of the Community and this Treaty has not provided necessary powers". These broadly framed Articles can be dangerous because it becomes impossible to have a clear conceptual outer limit to the residual provisions. In addition, subsidiarity and proportionality have not performed well as devices for restraining the political desire to exercise a competence once granted. The malady is captured by the catchphrase competence creep. It is also alleged that ... Get more on HelpWriting.net ...
  • 34. The Democratic Accountability Of The European Union Essay In this assignment I will be assessing the democratic accountability of the European Union. I will begin by briefly describing the institutions, their functions, compositions and discuss how they work as check and balance system to ensure democratic accountability further to look on to how laws are made and what they are In order to establish whether or not the EU is in fact answerable to its citizens. The 4 main institutions in the EU are; The EU parliament, the Council of Ministers, the European council and the Commission. The Commission is an independent body. Its powers are found in Article 17 on the Treaty on the European Union. Each member state has 1 commissioner; this was a consequence of the Lisbon Treaty. The president of the commission allocates each commissioner with a portfolio that oversees areas such as fisheries, environment, and trade. General Commissioners are suggested by member states and elected by president–elect from the Council and parliament. Commission president is nominated by qualified majority vote of the European council, and is then elected by the European Parliament by majority vote if this candidate doesn't get the required amount of majority votes the council will propose another within four weeks. It could be argued that there is too much discretion in the powers of the president in that he/she can literally decide which commissioner gets which portfolio this could be out of personal preference. The Commission is sometimes referred to ... Get more on HelpWriting.net ...
  • 35. Parliamentary Sovereignty In The UK During the buildup to the 2016 Brexit referendum those who campaigned to leave the European Union did so in order to take back control of their nation, including taking back control of parliamentary sovereignty. Parliamentary sovereignty is one of the fundamental values of the United Kingdom's constitutional law but European Union law, since the 1972 European Communities Act, trumps that sovereignty. This transpired due to the United Kingdom becoming a member of the European Union where EU law takes primacy over national law. With being a member of the European Union it entailed that the key law making body would be that of the European Commission rather than Westminster Parliament. Many European Union regulations can bypass Parliament and ... Show more content on Helpwriting.net ... As human rights become more prevalent the courts could transition into the main law making body in regards to protecting those rights in common law. Baroness Hale in Jackson v Her Majesty's A–G (2005) states, "The courts will treat... any attempt to subvert the rule of law by removing governmental actions affecting the rights of the individual from all judicial scrutiny." By this Baroness Hale meant that even though Parliament has sovereignty, the courts will intervene if legislation over steps its boundaries and affects human rights, as depicted in the Human Rights Act 1998. The limitations to Parliamentary Sovereignty is not something new but instead has been witnessed throughout the formation of this modern society. For example, in the North Atlantic Treaty 1949 article 5 states that members must come to the defense of fellow members, which suggests a forfeiture of sovereignty over utilizing British forces. Also part of being a member of the World Trade Organization means that the United Kingdom is subject to global regulation and arbitration of its goods and services, which is another trade off of sovereignty. The European Communities Act 1972 can be seen as another type of exchange of sovereignty for the greater good of the country. During the 17th century Parliamentary Sovereignty was needed to create order out of chaos but in the modern world ... Get more on HelpWriting.net ...
  • 36. The Between Westminster And Brussels Nowadays, legislation of both Westminster and Brussels has become the main source of the law for the UK. Moreover, United Kingdom has its own law, which is called English legal system equally Brussels has a major role within the UK as it part of the predominant source for the UK. Therefore, this paper will firstly examine and give brief description of the legislative power. Then, it will define the legislative powers of both Westminster and Brussels and their roles. Consequently, it will explain the important roles and show how these roles are played by the English courts and the European courts of justice (ECJ). Also, it will show how Brussels enforce compliance with treaty provisions and explain how European Union citizens approach the European courts of justice. Since United Kingdom joined to the European Union it has gradually and effectively passed its power of making law that have an impact to the European institutions. Also, United Kingdom's legislative, executive and judicial powers are controlled by the framework of the European Community (Slapper and Kelly, 2010 p.65). The legislation is considered as the primary sources of English law and made by the Parliament. Also, Parliament it is a supreme law making body and can make law or reject and amend legislation. However, by the United Kingdom's membership of the EU per EC Act 1972 the Parliament's power of creating law has been limited (Vollans and Asquith, 2011). In addition, legislative powers is the power of ... Get more on HelpWriting.net ...
  • 37. Institutional Changes From The Lisbon Treaty In order to look at whether the institutional changes from the Lisbon Treaty have been able to reduce the democratic pressure and if after these changes does the European Union still lack democratic accountability. We shall look at all the main insinuations and discuss the changes that were brought in and how these may have or haven't contributed to make the union free form its democratic pressure. The Lisbon Treaty was signed by the member states on the 13 of December 2007, it amended the existing European Union (EU) and the treaties the ratification process turned out to be longer than anticipated. The Lisbon Treaty came in to force officially on 1 of December 2009. The treaty was aimed to make Europe 'democratic and transparent' they ... Show more content on Helpwriting.net ... They exercise the powers of initiative, being able to act independently from the government. So that they can get a better understanding of the objectives of the community this helps them preserve any individual interests member states may have. Article 17 of The Treaty European Union (TEU) provides all of the duties of the Commission. The European Council can only appoint commissioners once the European Parliament has given consent. The Lisbon Treaty was to introduce a smaller commission however this was not phased out as Ireland opposed. The Commission President can only be nominated by a qualified majority vote from the Europe–an Parliament and they can only then be elected by them by a Majority, if the required majority of votes is not met then the European Council are able to within a month time propose another candidate. Once commissioners are appointed they cannot be dismissed during their term in the office by the governments, they must remain in the office unless they have been replaced or compulsory retired . In cases as such the European Parliament has enough power to pass a motion to remove the commission. In 1999, when allegations of mismanagement and waste the Parliament had failed to provide any motion and in this event the whole commission and the President had to resign. The commission is able to propose legislation and policy proposals; they are required to publish all proposals, which establishes transparency ... Get more on HelpWriting.net ...
  • 38. The Eu Law Making Process 1.0 Introduction Treaty of Lisbon has provided that Union should uphold the representative democracy and thus, the legislative power is divided between the European Commission ('the Commission') which represents the interest of the European Union as a whole, the Council of Ministers ('the Council') which represents the Member States' interests or their citizens and the European Parliament which represents its citizens' interests. However, only 34% turned out to vote at the last EU election which implied a growing dissent in Europe. The EU is described as "undemocratic from the start". The gist of the question is whether the EU law–making process is sufficiently democratic. EU's democratic performance should be judged on the basis of subsidiarity, representativeness, accountability and engagement. 1.1 Democratic Deficit 1.1.1 Commission's monopoly Firstly, there is democratic deficit as the Commission is not democratically elected but appointed by the Member States' governments and it has the monopoly of initiating laws. It may alter its proposal during law–making process as long as the council has not amended the proposal. However, EU citizens do not elect this powerful body and thus it lacks legitimacy as it is much too powerful for an institution that is not democratically representative of the EU citizens. It is only accountable to the European Parliament and the Council. It can be argued that the Commission does not represent the interest of the EU as a ... Get more on HelpWriting.net ...
  • 39. The European Union Essay he European Union consists of many institutions and through these parts, it functions itself. While it has a highly federalized government–like–framework (EU Parliament), simultaneously, it also has loose intergovernmental institutions (Council of European Union and the European Council). It is a complex hybrid organization, falling somewhere between the intergovernmental cooperative United Nations, and the federal government of United States of America. The chief constituting bodies are namely, 1. European Commission 2. European Parliament 3. European Council 4. Council of Ministers/ Council of EU/ EU Council ("The Council") 5. European Court of Justice Besides these, there are nine other functioning institutions within the EU. 1. European Commission : Considered as the "Guardian of the European Union", the commission represents the interests of EU, is responsible for the day–to–day operations of the EU, initiates legislations, draws budget, is accountable for the goals set by the treaties and it can also begin conversations. With the help of the ECJ, the Commission can also take warn and take proper steps against respective states who have disobeyed the regulations, decisions or directives set by the EU. It is said to be EU's "politically independent executive arm". The members are 28 in number, each from each member country, being headed by the President. The President is first selected by the European Council, and then he has to pass the by majority vote in the ... Get more on HelpWriting.net ...
  • 40. The European Court of Justice The European Court of Justice is the main governing body for the EU and enforcer of the laws over all of its member states. The functions of the European Court of Justice is to enforce Community law, to tackle disputes between member states and the European council and between the member states themselves, and also to protect the rights of all European individuals. The court consists of three courts, Court of Justice of the EU, General court and the EU civil service tribunal which are all located in Luxembourg. The Court of Justice and the General court both consist of 28 judges one from each member state, with usually three to five judges sit and hear cases. Judges must be independent from their own state believes and must make decisions based on what is best for the European Community as a whole. The judges appoint a President whose job is to oversee the direction of the court by assigning cases and appointing judge–rapporteurs. The Presidency has a renewable term of six years. The judges are assisted by eight Advocate Generals who must be as qualified as the judges. The advocates prepare the cases which they are going to hear. All ruling by the court are binding on all member states. It is said that the European Court makes the law and there is no right to appeal in the cases they hand down decisions on. The Court of First Instance was set up in 1989 to take some of the work load off the Court of Justice, but was limited to cases between the EC and its staff, ... Get more on HelpWriting.net ...
  • 41. Democracy And The European Union Introduction: Democracy in the European Union (EU) has been described by academics ranging from "a classical case of a gradual de–democratisation through integration", to "opaque, technocratic, and distant from its citizens". The EU began as an economic union with 6 initial members for integrating Franco–German production of coal and steel following Robert Schuman's proposal in the 1950s. It has now become a progressive political union, experiencing many innovations and changes in numerous fields right from the ECSC to the Lisbon treaty. Today, the EU has 28 members representing almost 500 million people. The expansion has resulted in the uprising of new complex problems, democratic deficit being the most pivotal. Christopher Lord defined democratic deficit as 'insufficiently representative of, or accountable to, the nations and the people of Europe'. The phrase was first used by David Marquand in 1979, referring to the then European Economic Community. Democratic deficit ' in relation to the European Union, refers to a perceived lack of accessibility to the ordinary citizen, or lack of representation of the ordinary citizen, and lack of accountability of European Union institutions. The complex and distant nature of the European institutions have contributed to this argument. This essay discusses the European institutions involved in the legislative process before going on to evaluate the role played by national parliament to combat the deficit, taking into ... Get more on HelpWriting.net ...