Parliament
Parliament

Author: Alexander Horne

Publisher: Bloomsbury Publishing

Published: 2016-06-02

Total Pages: 336

ISBN-13: 1509906444

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This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

EU Criminal Law after Lisbon
EU Criminal Law after Lisbon

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

Published: 2016-06-30

Total Pages: 356

ISBN-13: 1782259880

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This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.

House of Lords - European Union Committee: Follow-Up Report on EU Police and Criminal Justice Measures: The UK's 2014 Opt-Out Decision - HL 69
House of Lords - European Union Committee: Follow-Up Report on EU Police and Criminal Justice Measures: The UK's 2014 Opt-Out Decision - HL 69

Author: Great Britain: Parliament: House of Lords: European Union Committee

Publisher: The Stationery Office

Published: 2013-10-31

Total Pages: 70

ISBN-13: 9780108551437

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This report concludes that the Government should seek to rejoin the 35 measures that have already been identified, but that it should also seek to rejoin an additional set of measures: implementing measures related to Europol's continued operation; the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law; the European Judicial Network; the European Probation Order; and the Convention of Driving Disqualifications. The Government has still not dealt with earlier reports' conclusions about the Court of Justice of the European Union (CJEU) and its jurisdiction. What is more, the Government's general approach to the CJEU is not consistent with its decision to opt back into many other post-Lisbon police and criminal justice measures. The Government also needs to work flexibly with the European Commission in order to avoid any gaps in the application of the measures the UK will seek to rejoin. For example, we must ensure that rejoining the European Arrest Warrant is water-tight well in advance of the opt-out taking effect, to prevent problems for our criminal justice system. The report also recommends that the Government conduct a review of the impact of the opt-out decision three years after it has taken effect, and report its conclusions to Parliament

National Parliaments after the Lisbon Treaty and the Euro Crisis
National Parliaments after the Lisbon Treaty and the Euro Crisis

Author: Davor Jancic

Publisher: Oxford University Press

Published: 2017-04-05

Total Pages: 353

ISBN-13: 0192509330

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A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integration: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.

HL 6 - Report on 2013-14
HL 6 - Report on 2013-14

Author: Great Britain: Parliament: House of Lords: European Union Committee

Publisher: The Stationery Office

Published: 2014-07

Total Pages: 72

ISBN-13: 0108554643

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This report provides an overview of the work of the European Union Committee in session 2013-14. It highlights some of the key policies examined through scrutiny work and inquiries, reflects on the Committee's work with the EU institutions and other national parliaments, and gives a forward look at the work being undertaken in session 2014-15.

Triangular Diplomacy among the United States, the European Union, and the Russian Federation
Triangular Diplomacy among the United States, the European Union, and the Russian Federation

Author: Vicki L. Birchfield

Publisher: Springer

Published: 2017-09-15

Total Pages: 241

ISBN-13: 3319634356

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This book examines the crisis in Ukraine through the lens of “triangular diplomacy,” which focuses on the multiple interactions among the European Union, the United States and Russia. It is explicitly comparative, considering how the US and EU responded to ostensibly the same crisis. It also adopts a “360-degree” perspective, focusing on how the US and EU interacted in their dealings with Russia, and how Russia and Ukraine have responded. Chapters focus on each of the four protagonists – the EU, the US, Russia and Ukraine – and on key, cross-cutting aspects of the crisis – sanctions, international law and energy. The book thus contrasts a conventional, if exceptional, great power – the US – with a very non-traditional foreign policy actor – the EU. It would be suitable for both undergraduate and graduate courses on the EU’s external policies and engagement in world affairs, EU-US relations, EU-Russia interactions, or regional security issues.

EU Criminal Law
EU Criminal Law

Author: Valsamis Mitsilegas

Publisher: Bloomsbury Publishing

Published: 2022-05-05

Total Pages: 805

ISBN-13: 1509904174

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This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.

Beyond the Crisis
Beyond the Crisis

Author: Mark Dawson

Publisher: Oxford University Press

Published: 2015-12-10

Total Pages: 286

ISBN-13: 019106713X

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In the wake of the euro crisis, the European Union has been transformed in many ways. Is it now on the right track? The euro crisis, the steps taken to manage it, and the resulting transformations have triggered a necessary process of reconsidering economic governance in the European Union. This volume— the third in a series of annual editions tackling different aspects of governance— examines the long list of open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union in particular. Organised in three main sections, the contributions to this collection bring the perspectives of different academic disciplines to bear on the functional aspects of economic governance, the institutional transformations that have taken place, and their implications for the Union's legitimacy. A separate chapter looks at inequalities in perceptions of economic conditions and well-being within the European Union to identify trends particularly during the eurozone crisis. In doing so, the chapters in this volume take stock of the current situation, shed light on the dilemmas and challenges that must be recognised and addressed, and explore various options for the way ahead. The collection's ultimate goal is to assess whether the recent transformations lead EU governance in the right direction or require further adjustment.