The interaction of the EU institutions is aimed at aggregating a wide range of interests and ensuring the widest possible (preferably consensual) support for the policy. However, game theory reveals ...that the ordinary legislative procedure breeds competition between two co-legislators - the Council and the European Parliament - that seek to reflect their preferences within the legislative draft. This study attempts to assess the development of cooperative practices in the ordinary legislative procedure (since its establishment under the name “codecision procedure”) and the importance of these practices for the effectiveness of the legislative process. The development of cooperative practices is illustrated by three examples. First, the transformation of the rules of the third reading. Second, peculiarities of the Conciliation Committee functioning. Third, the development of trialogues and their main features.According to the results of the study, the author concluded that a set of cooperative practices between the EU Council and the European Parliament has been formed within the framework of the ordinary legislative procedure which is structured in a way that encourages co-legislators to cooperate and engage in intensive inter-institutional negotiations that complement the negotiations within each of the institutions. The reason for this is that the ordinary legislative procedure has a complex system of checks and balances. This allows a number of actors to block or delay the decision-making process. Complex procedure literally forces the EU institutions to come to a compromise. The ordinary legislative procedure as it was set out in the Treaties was supplemented by number of cooperative practices based on political agreements, which enhance a more effective interaction between institutions. The need to ensure the support of all (the vast majority) of the Member States in the Council and key political groups in the European Parliament prompts to take into account the whole spectrum of interests. As a result, it ensures high quality of decision-making process and high quality of governance.
The paper deals with private international law after the adoption of the Treaty of Lisbon. In particular, it discusses the legal basis for adopting secondary legislation in this field and the EU ...competence to conclude international agreements. Next, the EU legislative activity is presented, with particular emphasis on family law, in which enhanced cooperation has already been initiated twice.
The article is focused on a retrospective analysis of developments in the field of scientific and theoretical ideas about the formal security in law, suggested by legal scholars in the XIX – early XX ...centuries. Thus, there was already a clear understanding at that stage that legal norms were designed to accurately record the rights, obligations, certain legal consequences, and the accuracy of legal norms determined their binding nature, the specifics of sanctions, etc. The works of experts in civil studies, encyclopedia and philosophy of law have been analyzed in this way, in particular D. Grimm, N. Gredeskul, J. Pokrovsky, P. Novgorodtsev, L. Petrazhytskyi, N. Korkunov, M. Oleksiiev, Ye. Trubetskyi, G. Shershnevych and others.
Despite the lack of the very concept of “formal security” in the pre-Soviet period, legal scholars have repeatedly studied various aspects of the specified issue, especially in the context of studying the features inherent in legal norms and comparing the mechanism of legal and moral norms. Thus, there was a clear understanding even at that stage that legal norms were designed to accurately record the rights, obligations, certain legal consequences, and the accuracy of legal norms determined their binding nature, the specifics of sanctions, etc.
At the same time, there were often assessments of formal security as a somewhat severe, purely external phenomenon, which implied a restriction of individual freedom and was mandatory. Undoubtedly, this attitude to the role of formal security distorted the mission of law in society and reduced its axiological potential as a mega-regulator of relations: the state – society – the individual. In turn, this explains the limitations and imperfection of the system of Russian imperial justice, unjustifiably widespread use of formal security in practical legal activities, although it was criticized by some scholars of the early XX century, who studied philosophical and legal issues.
This article analyses the role of the European Council in two key legislative packages on economic and budgetary coordination, the Six-pack and the Two-pack, which were negotiated under the ordinary ...legislative procedure. It assesses how and to what extent the key actor in the literature on the new intergovernmentalism - the European Council - is able to curb the powers of the supranational institutions - the Commission and the European Parliament - in a policy area where the community method has been applied since the Treaty of Lisbon. It tracks the development of the legislative negotiations - from the stages preceding the Commission's proposal to their conclusions, relying on official documents, press reports and 30 original interviews with key decision-makers. The strong role of the European Council both as an agenda-setter and in the legislative negotiations stands out, and suggests that the implications of new intergovernmentalism may well extend beyond intergovernmental decision-making processes.
This open access book is a hands-on guide on doing qualitative research in parliaments, exploring achievements and drawbacks for all. From early-career scholars looking for an ‘in’ to start their ...research to senior academics interested in methodological details, the book offers a novel approach to discussing qualitative methodologies. It presents unique insights based on a large-scale qualitative study in the European Parliament using interview and ethnographic data. Comprehensive yet accessible, the book accounts the step-by-step process of qualitative research in parliaments, offering a reflexive and analytical perspective that moves beyond a textbook or theory-only format.
In practice we can often see that a university, a research institution or even a private enterprise decides to lay down certain rules and processes related to technology transfer or intellectual ...property in its internal regulation, that can have various titles: rector´s directive, internal regulation, internal act, organizational directive, rules (principles) etc. In this article we leave the content itself aside and draw attention to legal character, importance, binding force and enforceability of such internal regulations.
RésuméEn matière d’affaires européennes, la partie de l’influence française passe par l’action efficace du Secrétariat général des affaires européennes. Ce service du Premier ministre a ...significativement augmenté ses actions d’influence, en misant notamment sur le Parlement européen, le suivi de la présence française dans les institutions et la communication externe. D’importants progrès ont été réalisés et le niveau général de compétence de l’administration s’est sensiblement élevé, mais des marges de progrès existent. L’administration française aurait ainsi tout intérêt à établir plus de passerelles avec le monde économique afin de réaliser des synergies mutuellement profitables et à renforcer ses stratégies de communication institutionnelle.
From the perspective of Slovak universities or SAS research institutes the technology transfer process may look like a minefield: plenty of obstacles, limitations, high risk, high expenses and only ...little hope for a final success leading to commercial exploitation of the innovation hand-in-hand with unclear legal enactment regulating disposal of intellectual property. To better understand this issue and change it for the better, at least two things are necessary: first, a precise identification and naming the legislative obstacles and second, solid legal analyses of desired legislative amendments as a proper base for beginning of the legislative procedure.
The Anthropology of Parliaments offers a fresh, comparative approach to analysing parliaments and democratic politics, drawing together rare ethnographic work by anthropologists and politics scholars ...from around the world. Crewe’s insights deepen our understanding of the complexity of political institutions. She reveals how elected politicians navigate relationships by forging alliances and thwarting opponents; how parliamentary buildings are constructed as sites of work, debate and the nation in miniature; and how politicians and officials engage with hierarchies, continuity and change. This book also proposes how to study parliaments through an anthropological lens while in conversation with other disciplines. The dive into ethnographies from across Africa, the Americas, Asia, Europe, the Middle East and the Pacific Region demolishes hackneyed geo-political categories and culminates in a new comparative theory about the contradictions in everyday political work. This important book will be of interest to anyone studying parliaments but especially those in the disciplines of anthropology and sociology; politics, legal and development studies; and international relations.
This paper examines the various factors that make the European Parliament Administration so distinctive and also how it has responded to new challenges. The first part of this paper looks briefly at ...the EP's evolution. It then goes on to examine the main ways in which the European Parliament differs from national parliaments and the implications of these differences for the work of the EP Secretariat, some of them obvious and familiar and others less so. The second part of the paper looks, instead, at some of the specific features of the EP administration assessing how the Institution has responded to new challenges, including how the EP administration has attempted to respond to the Covid pandemic. There are then some conclusions, with some indications of areas requiring further research.
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