25 resultados para new procedure
Resumo:
Introduction. Unintended as it was, the European Court of Justice (ECJ, the Court, the Court of the EU) has played an extremely important role in the construction of the Area of Freedom Security and Justice (AFSJ). The AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999. The fact that this is a new field of EU competence, poses afresh all the fundamental questions – both political and legal – triggered by European integration, namely in terms of: a) distribution of powers between the Union and its Member States, b) attribution of competences between the various EU Institutions, c) direct effect and supremacy of EU rules, d) scope of competence of the ECJ, and e) extent of the protection given to fundamental rights. The above questions have prompted judicial solutions which take into account both the extremely sensible fields of law upon which the AFSJ is anchored, and the EU’s highly inconvenient three-pillar institutional framework.1 The ECJ is the body whose institutional role is to benefit most from this upcoming ‘depilarisation’, possibly more than that of the European Parliament. This structure is on the verge of being abandoned, provided the Treaty of Lisbon enters into force.2 However spectacular this formal boost of the Court’s competence, the changes in real terms are not going to be that dramatic. This apparent contradiction is explained, to a large extent, by the fact that the Court has in many ways ‘provoked’, or even ‘anticipated’, the depilarisation of its own jurisdictional role, already under the existing three-pillar structure. Simply put, under the new – post Treaty of Lisbon – regime, the Court will have full jurisdiction over all AFSJ matters, as those are going to be fully integrated in what is now the first pillar. Some limitations will continue to apply, however, while a special AFSJ procedure will be institutionalised. Indeed, if we look into the new Treaty we may identify general modifications to the Court’s structure and jurisdiction affecting the AFSJ (section 2), modifications in the field of the AFSJ stemming from the abolition of the pillar structure (section 3) and, finally, some rules specifically applicable to the AFSJ (section 4).
Resumo:
In this new Policy Brief, CEPS Director Daniel Gros argues that the 13 November announcement of the European Commission that Germany is running an excessive current account surplus appears to be much ado about little. All the Commission can, and will, do is to start an ‘in depth analysis’. This might lead to strong political reactions and an enormous echo in the media. But nothing of concrete substance is likely to follow.
Resumo:
This CEPS Special Report analyses the composition of the 20 committees in the new European Parliament and how representative they are of the 28 member states, identifying which policy areas or committees are of particular interest to MEPs from certain countries. It also examines the allocation of committee chairs and party coordinator positions to assess whether the country of origin matters and if so, why. The study reveals that in general the countries’ share of representatives in the committees is very similar in most of the cases to their representation in Parliament. Still, some policy areas have a special relevance for some countries and attract their MEPs in larger numbers. Due to the procedure used in the allocation of the committee chairs, which favours the largest political groups and the largest national parties within them, MEPs from larger member states tend to hold most of these coveted positions. The internal process followed by the political groups in appointing their coordinators in the respective committees is predisposed towards MEPs with seniority, experience and good connections. All in all, the strategic relevance that national parties attach to these positions makes a difference.
Resumo:
Russians or so-called Russian-speakers in Latvia and Estonia pose a significant problem for both countries. Russian-speakers are a numerous minority in Latvia and Estonia, which causes deep division in these countries from the ethnical point of view. The problem of highest importance in the legal aspect is the unregulated status of the Russian-speakers. Though they are permanent residents of Latvia and Estonia many of them still do not have these countries' citizenship. The complex naturalisation procedure introduced by Latvia and Estonia soon after restoring independence in 1991 is considered to be main responsible for this.