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
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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
The lawmaking process starts with a bill — a proposal to create a new law, or to change an existing one. Most of the bills considered by Parliament are public bills, meaning they concern matters of public policy such as taxes and spending, health and other social programs, defence and the environment.
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.
Parliament is designed to hold the executive accountable; therefore it goes about this by various means of government scrutiny, such as Prime Minister’s Question Time. In addition, Parliament is expected to perform a legislative function, creating the process of a bill becoming a law after undergoing many stages between the House of Commons and the House of Lords. Finally, Parliament is also required to be representative of the nation, with constituencies creating a strong local link between the electorate and their MP.
7) What are the four most important institutions of the European Union? Explain their role in the law making process.
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.
The developing jurisprudence of the European Court of Justice also made it clear that there existed effectively an autonomous European legal order and that the member States were obliged to acknowledge the primacy of Community law over national law in areas where it
The European parliament is an elected parliamentary institution of the European union (EU) which was formed on November 1st 1993, they mainly focus on functions like legislation within the 28 member states that form up the European union to help sustain, control and create a political and economic community throughout Europe, the European parliament’s general role is to represent the citizens of the EU community.
There has been an increase in legislation in the past fifty years and it is now the most common source of law in Australia. It is seen as proactive as legislation can be generated to prevent future problems.
6. All new EU Treaties must be ratified by each Member State according to its own constitutional provisions.
Parliament do a good job at making sure the public know of any knew laws and are sure to consult people about them. The Legislative Process is limited to the power of the constitution, this is a strength so it does not abuse the power of Parliament. Parliament can also make laws that deal with the past, present or future and Parliament can override case law if needed. These are the strengths of the Legislative Process and why it is effectively fulfilling its functions of
This essay will review the difference types of competences and examine the effectiveness of the European Court of Justice in ensuring that EU institutions do not exceed the bounds of their competence in adopting legislation.
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.
The European Union makes law for the countries; these laws come under various categories such as treaties; regulations; directives and decisions. Treaties (which are the only primary EU legislation) are binding agreements between the EU countries, setting objectives for EU, making guidelines for EU institutions, how decisions are made and finally deals with the relationship between EU and its member countries. Every action taken by the EU is founded on treaties. These are important because they help EU members become more efficient and prepare for new EU members and introduce new areas to cooperate. These are directly applicable meaning they automatically become laws for the EU member countries. An example of a treaty is the Treaty of Lisbon
This paper will assess the claim that supremacy of EU law is still an evolving and debatable concept. To do this, I have divided this paper into four sections. The first section will discuss the establishment of supremacy in EU law through ECJ case law. The second section will explore the vibrant debate surrounding constitutional pluralism that has arisen since the early 1990s. The third section will examine the debate and impact of the codification of primacy in the early 2000s. The fourth section will examine the extent to which the principle of sovereignty has been accepted in three EU Member States, namely, the United Kingdom, Germany, and Poland.
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.