Certain dynamics emerge in the process of integration of specific policy areas in the European Union member countries: With increasing Europeanization of governing in the multilevel system of governance in the EU, more and more national competences are moved to the European level (vgl. Scharpf 2002, p. 71). During this transfer, an increasing loss of power held by the national parliaments, or rather a shift of power from the national parliaments to the national executives, can be identified (cf. Auel/Benz 2004, p. 2; cf. Hansen/Scholl 2002, p. 3). Parliaments are considered to be the central organ in democracies. Parliaments, which represent the people, pass bills and the executive’s power is derived from the elected parliaments and is also kept in check by said parliaments (cf. Auel/Benz 2004, S. 2). Further, members of the execu-tive are generally the prominent representatives abroad, more specifically during international negotiations (cf. Moravcsik 1994, S. 7). So its not the national parliaments anymore deciding on the EU level, but the national executives. So this trend shifts the power relationship between leg-islative and executive. After a general demonstration of these developments, they will also be illustrated with specific examples. The Danish Folketing is mainly serves this purpose. Also the British House of Com-mons and the German Bundestag are drawn upon to highlight different approaches to this issue. 2 National Parliaments’ loss of power National parliaments experience a loss of power or a shift of power in favor of national execu-tives, because on the European level decisions are mainly made by the national executives – as they represent their respective nation states in foreign affairs – e.g. in the Counc... ... middle of paper ... ...atic deficit. Works Cited Auel, Katrin/Benz, Arthus (2004): National Parliaments in EU multilevel governance – dilemmas and strategies of adaptation. Polis No. 60, Fernuniversität Hagen. Hansen, Troels B./Scholl, Bruno (2002): Europeanization and Domestic Parliamentary Adapta-tion – A Comparative Analysis of the Bundestag and the House of Commons. In: EIoP, Vol. 6, Nr. 15. Moravcsik, Andrew (1994): Why the European Community Strengthens the State: Domestic Politics and International Cooperation. In: Center for European Studies Working Paper Series # 52. Cambridge, MA: Center for European Studies, Harvard University. Scharpf, Fritz W. (2002): Regieren in europäischen Mehrebenensystemen – Ansätze zu einer Theorie. In: Leviathan 30, S. 65-92. Scharpf, Fritz W. (1999): Governing in Europe: effective and democratic? Oxford/New York: Oxford University Press.
The European Union has a common “government” called the Parliament. In the background essay it stated, “The role of the parliament is to debate and pass laws, make sure all EU institutions work democratically, and debate, and adopt the EU budget”. This means that the parliament has control over the laws, and controls the European Union budget. In Document B it mentions, “Whatever institution governs the trade of a nation or group of nations whether monarchy, dictator or parliament essentially rules that nation”. This means that the parliament has control over the European Union.
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
The most significant and challenge to the traditional view of parliamentary sovereignty was Britain’s membership of the European Community in 1972. The European Communities Act 1972 brought with it the requirement that European Law be given priority over domestic courts over conflicting issues of national law. This notion was a direct affront to parliamentary sovereignty, which required that if a later statute, contradicted and earlier statute, which sought to incorporate European Law into English Law, then the later statute should impliedly repeal the earlier statute. Therefore the European Communities act imposed a substantive limit on the legislative ability of subsequent Parliaments.
However, it is important to realize that in the absence of a codified constitution, there is no formal separation of powers. The functions of legislature and executive are inter-related and ministers are members of both. Overlaps do occur, which can question its effectiveness in protecting the rule of law. Unlike US, in the UK, the PM is always the leader of the leading party, which makes scrutiny much harder and makes the likelihood of exploitation of powers more likely. Parliament is always a supreme legislating body, and British judges have no power to question the validity of the Acts of Parliament. The impact of the EU, especially in protecting the basic human rights due to the absence of the UK’s equivalent, and in this sense, the separation of powers doesn’t play a crucial role in upholding the rule of law subject to the interests of minorities.
When analysts criticise the lack of democratic legitimacy in the EU they generally point to the mode of political representation and the nature of policy outputs. Only one branch of the EU is directly elected is the European Parliament. Though stronger than it once was, the EP remains is actually only one of four major actors in the EU policy-making process. The EP is a body without power or accountability, and easily dismissed just as a ‘talking shop’ (Colin Pilkington.) Only 75% of its amendments are accepted by the Commission and the Council of Ministers.
The European Union is an example of successful political globalization as there is stability in the region. The European Union has united several countries, specifically “twenty seven European countries” (Davies 1) and there has been benefits to this system. There has been a “reduction in crime, a rise in population, life expectancy and income as well as an improving government.” (Rich 3). Through this political system there has been improvement in not only in the government but in the people’s wellbeing.
Karl, Kenneth. Cracking the AP European History Exam New York: Princeton Review Publishing, 2004: 118-120
Tiilikainen, T. 2011. The empowered European Parliament: Accommodation to the new functions provided by the Lisbon Treaty. The Finnish Institute of International Affairs.
The European Union (EU), since the initial foundation in 1952 as the European Coal and Steel Community (ECSC) and throughout periods of development, has been considered one of the most advanced forms of regional integration. It, based on numerous treaties and resolutions, has strived to promote values such as peace, cooperation or democracy, and in 2012 was awarded the Nobel Peace Prize for having “contributed to the advancement of peace and reconciliation, democracy and human rights in Europe” (Nobel Media AB, 2012). Despite its struggle for promoting democracy, the EU itself has long experienced scholarly criticisms that it suffers the democratic deficit, from which its democratic legitimacy is undermined by observable problems in political accountability and participation. As the importance of legitimacy in a democratically representative institution is hardly debatable, the criticism of whether and why the EU lacks democracy has been given a considerable gravity in academia.
Todd, Allan. (2009) Democracies and Dictatorship: Europe and the World 1919-1989. Cambridge: Cambridge University Press, 1998. Tomkinson, John L. (2008) The Cold War: Themes in Twentieth Century World History for the International Baccalaureate.
One of the most controversial debates in the history of European Union (EU) is if there is a democratic deficit in the EU. On the one hand, many scholars argued that the democratic deficit exists in the EU. On the other hand, there are other scholars who claimed that there is not a democratic deficit in the EU. In this essay, the writer will support the argument that the democratic deficit in the EU exists and will propose how this deficit can be reduced. In the first part of this paper the arguments, which support the existence of the democratic deficit, will be discussed. After that, this essay will present the claims that there is no democratic deficit in the EU. Finally, as the argument of this essay is that there is a democratic deficit in the EU, is to present some ways, which can reduce the democratic deficit in the EU.
Garner, R., Ferdinand, P. and Lawson, S. (2009) Introduction to Politics. 2nd edition. Oxford: Oxford University Press.
The enlargement of the European Union (EU) in 2004 and 2007 has been termed as the largest single expansion of the EU with a total of 12 new member states – bringing the number of members to 27 – and more than 77 million citizens joining the Commission (Murphy 2006, Neueder 2003, Ross 2011). A majority of the new member states in this enlargement are from the eastern part of the continent and were countries that had just emerged from communist economies (EC 2009, Ross 2011), although overall, the enlargement also saw new member states from very different economic, social and political compared to that of the old member states (EC 2009, Ross 2011). This enlargement was also a historical significance in European history, for it saw the reunification of Europe since the Cold War in a world of increasing globalization (EC 2009, Mulle et al. 2013, Ross 2011). For that, overall, this enlargement is considered by many to have been a great success for the EU and its citizens but it is not without its problems and challenges (EC 2009, Mulle et al. 2013, Ross 2011). This essay will thus examine the impact of the 2004/2007 enlargements from two perspectives: firstly, the impact of the enlargements on the EU as a whole, and thereafter, how the enlargements have affected the new member states that were acceded during the 2004/2007 periods. Included in the essay will be the extent of their integration into the EU and how being a part of the Commission has contributed to their development as nation states. Following that, this essay will then evaluate the overall success of the enlargement process and whether the EU or the new member states have both benefited from the accessions or whether the enlargement has only proven advantageous to one th...
This essay will describe the characteristics of the modern nation-state, explain how the United States fits the criteria of and functions as a modern nation-state, discuss the European Union as a transnational entity, analyze how nation-states and transnational entities engage on foreign policy to achieve their interests, and the consequences of this interaction for international politics.