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Theories of legislative coalitions and organizations Concepts Minimum winning coalition Minimum connected winning coalitions Different types of majority Legislative procedures The EU legislative procedures Legislative institution as means to address political instability ie agenda setter veto player speciation in the legislative process political parties multiple legislative chambers Treaty of Rome consultation ECJ ruling 1980 regarding democracy SEA cooperation and consent commission sends a proposal to the parliament and council Under cooperation If parliament reject something then council needs to vote with unanimity to pass the bill Under consent the commission sends legislation to the EU parliament If the bill passes it gets sent to European council if no then it dies Maastricht treaty and treaty of Lisbon co decision aka now it is a ordinary legislative Proposal council approves parliament doesn t and gets an absolute majority to block the council Gets to committee to hammer out details If both approve the bill passes If one says no Simple majority a quorum of lawmakers present vote yes Absolute majority 50 1 of all lawmakers who can vote say yes procedure it dies Qualified majority qualified The EU legislative bi cameral Council of European Union The European Parliament Treaty of Rome consultation of EU court of justice ruling 1980 EU legislative procedures SEA cooperation and assent procedure Maastricht treaty Amsterdam treaty and treaty of Lisbon co decision is ordinary legislative Council of ministers or consulilium council of the European Union Membership the ministers from the governments of EU states Legally there is one council in practice there are various council formations expected to look after member states The council presidency 6 month rotating presidency no election Draws up provisional agenda for each meeting The chair of the meeting of the council and of COREPER Represents the council Decision process unanimity vs qmv 1966 Luxembourg compromise The committee of permanent representatives COREPER Senior civil servants from the member states governments Prepares the agenda for the council meetings The European Parliament European Parliament has 3 roles Passing eu laws jointly with the council based on Co decision Conciliation assent the exception Parliament exercises democratic supervision over the other eu institutions can force The commission to resign The power of the purse without the support of the European Parliament you do not get a budget Elections District elections since 1979 every 5 years Lack of uniform electoral rules Eligibility to vote and stand for election Districts Members of the EP Currently 754 MPs political groups The process if coalition formation rest Democratic deficit and the ep Candidates and platform Election turnouts Germany 1 860000 vs Malta 1 66000 The president extends by absolute majority Member if the European Parliament MEP do not sit in national blocks but in Europe wide You need 25 members to form a political group at least one from a different country than the EU court of human rights refuses to extradite from EU to US because of the death penalty Not a part of the EU Judicial process in the EU EU law has 3 main sources Primary legislation All EU treaties No retroactive punishment Secondary legislation laws passes executive directives Case law previous rulings of the EU court of justice More of a suggestion than legal value The court of justice of the European Union consists of 3 courts The court of justice formally court of justice deals with problems between the states The general court court of first instance deals with problems between the EU institutions and a 3rd party The civil service tribunal 2004 deals with problems between EU and their employees The court of justice is composed if 27 judges and 8 advocates general selection process very vague if you can be a judge in your states Supreme Court you can be in the EU Court term 6 years and can be re appointed 1 2 is reappointed every 3 years President of the court has a term of 3 years can be reelect They do not disclose how each judge votes so states won t punish them Advocate general write preliminary reports to the judges to point them out which treaty is invoked and how the case in their opinion should turn out non binding legal opinions France Germany Italy UK Spain have permanent advocate generals it rotates alphabetically between the other states Types of case Preliminary ruling procedure that country National court and the EU count are responsible for ensuring that EU law is properly applied in Proceedings for failure to fulfill an obligation Initiated by the commission to get a member state to fulfill an obligation Can be stated by a member state Actions for annulment If any member state the council the commission or the parliament believes that a particular EU law is illegal they can ask to court to annul it Actions for failure to act if EU institution is expected to act but does not an individual c an go to the EU court of justice and get them too Acts for damages if you think an action or inaction will affect you negatively on the part of a EU institution you can file a law suit with the EU court of justice Landmark decisions Van gend en loos vs the Netherlands 1963 direct effect principals EU rights apply to all EU citizens not just those who have approved treaties Costa vs ENEL 1964 supremacy of EU law Cassis de Dijon 1979 free movement of goods principal race to the bottom Francovich and others 1991 states liability principle If member states fail to implement EU law they are liable Why are courts necessary To make sure that treaties are interpreted equally thought the EU Actual impact of the courts Judges independence are they a puppet of the states Actual preference of the ECJ EU vs member states debate Probability to overturn their ruling veto players bicameral legislatures separation of powers Interests groups Theories of interest group politics Pluralism open access to policy makers Problem not all people have equal access to policy makers Concentrated like a steel industry vs diffused interest like the consumer The latter had problems organizing Collective action problem Corporatist model main division between capitalist and workers producer interests new interests environmental consumer Neo pluralist model subsidize and give access to underrepresented public interests Benefits Ease of information for government on specialized institution

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FSU CPO 3101 - Notes

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