代写加拿大作业-Institutional Structure Process [2]
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关键词:Institutional Structure Process欧盟的体制结构欧洲联盟Council and ParliamentEuropean Union
摘要:This issue may best be suited to a politician and not a lawyer, but what is evident is that the issue is no longer a decision of whether there is a real or perceived deficit in the EU democratic structure but rather the notion that the perception itself represents a clear deficit.
ice and the EU
constitution envisages even more widespread use.
Finally the assent procedure is similar to the co-decision procedure. The most significant difference between the procedures is the involvement of parliament. Under the consultation procedure for instance, Parliament only gives its opinions on draft legislation. By contrast, in the co-decision procedure Parliament in effect shares power with the council and has much more influence over legislation.
The proposal procedure most accurately represents the notion that it is the Commission that proposes and the Council that disposes. Nevertheless the process still depends on some consultation with parliament as well as the Economic And Social Committee or the Committee of regions, and discussions with Coreper. Failure genuinely to consult may amount to a breach of essential procedural requirement. On this basis it may result in the measure being declared void. The importance was recognised by the ECJ in Roquette Freres SA v Council (case 138/79) [1980] ECR 3333.
The process involves the commission sending its proposal to Council and Parliament, as well as one of the committees if appropriate. The measure cannot become law until parliament has delivered its opinion. Even so council has the final say.
' this... is undermined somewhat by the fact that there is no requirement that the council actually take account of the parliament's opinion, nor indeed, give any reason for rejecting it. Thus in the context of the consultation procedure, the parliament may not force its opinion on the council as a lower house could in most...systems'
S Douglas Scott. Constitutional Law of the EU (Longman 2002), p118.
So this was more justification that there was a democratic deficit in the administration and law making of the EC
The co-operation procedure was introduced by the Single European Act (SEA) in order to give a greater role to parliament.
Following the recent expansion of the EU in relation to number of member states, there is increasing pressure to overcome complexities of its institutional decision making procedures in relation to the growing perception of a democratic deficit. That there is internal reflection on this concern is not at all in doubt, but to what extent does this deficit affect the Union, members and individuals and where exactly can one allocate the deficit within the EU institutional structure. Furthermore, this
essay seeks to find a standpoint in relation to the EU's ability to adapt to the transitional array of social, political and even global processes directly influencing the EU democratic process.
In order to efficiently proceed with the discussion of democratic deficit in the EU one must consider the purposes and the roles of the institutions within. Calls for a unified Europe can be traced back to the collapse of the roman empire. The modern day unification was a measure taken in order to prevent the possibility of future wars with the initial focus of the EU on trade and economy. Winston Churchill aptly stated We must build a kind of United States of Europe in a post war speech to academic youths in Zurich. However, with its expansion in scope of the EU's mandate together with the joining of more member states, inaptness has indeed developed between popular democratic representatio
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