Eu - Separation of Power?

1629 WordsNov 25, 20087 Pages
In this essay I shall attempt to analyse whether the separation of powers is respected in the attribution of competences within the European Union. The separation of powers In order to assess this question we first have to consider what the doctrine of separation of powers actually is. The idea was developed by the French jurist Montesquieu in the 18th Century. It is based on a division of power between the legislature, the executive and the judiciary. Each institution have their distinct and largely exclusive domain. The legislative function involves the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations. The executive’s main function is…show more content…
The Council is not required to accept the amendments listed in the opinion of the EP. The Council and the Parliament also constitute the budgetary authority adopting the Community’s budget and overseeing its implementation. The Executive Executive power in the EU is shared between the European Commission and the Council of EU. The Commission plays a major role in the EU’s policy-making process as EU laws are mainly enforced by Commission action. One of the distinct functions of the Commission is initiating proposals for legislation. The Commission is the main institution preparing proposals. However, concerning common foreign and security policy and co-operation on justice and home affairs, the Council is the promoter of initiatives and also the institution implementing the policies. But the Commission may submit a proposal. The Commission has also the budgetary initiative, drawing up the preliminary draft budget, which is put to the Council. Even the Parliament has a right of initiative. It has the possibility of asking the Commission to put forward a proposal and it is also involved in the budgetary procedure from the preparation stage, particularly in laying down the general guidelines and the type of spending. This is completely against the doctrine of separation of powers. Within this principle it is unthinkable that the same institution that is legislating is also the same body drafting the

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