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FSU CPO 3101 - Notes

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Theories of legislative coalitions and organizationsConceptsMinimum winning coalitionMinimum connected winning coalitionsLegislative institution as means to address political instability (ie agenda setter), veto player, speciation in the legislative process, political parties, multiple legislative chambersDifferent types of majorityLegislative proceduresThe EU legislative proceduresTreaty of Rome - consultation ECJ ruling (1980) - regarding democracySEA - 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 procedure)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 it diesSimple majority - a quorum of lawmakers present vote yesAbsolute majority- 50% + 1 of all lawmakers who can vote say yesQualified majority - qualified The EU legislative (bi-cameral)Council of European UnionThe European ParliamentEU legislative proceduresTreaty of Rome consultation of EU court of justice ruling (1980)SEA - cooperation and assent Maastricht treaty, Amsterdam treaty, and treaty of Lisbon - co-decision (is ordinary legislative procedure) Council of ministers, or consulilium, council of the European Union Membership: the ministers from the governments of EU statesLegally 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 electionDraws up provisional agenda for each meetingThe chair of the meeting of the council and of COREPERRepresents the councilDecision process: unanimity vs qmv 1966 Luxembourg compromiseThe committee of permanent representatives (COREPER) Senior civil servants from the member states governments Prepares the agenda for the council meetings The European ParliamentEuropean Parliament has 3 rolesPassing 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.ElectionsDistrict elections since 1979, every 5 yearsLack of uniform electoral rulesEligibility to vote and stand for electionDistricts Members of the EPCurrently 754 MPsThe president extends by absolute majorityMember if the European Parliament MEP do not sit in national blocks, but in Europe wide political groups The process if coalition formation You need 25 members to form a political group, at least one from a different country than the restDemocratic deficit and the ep Candidates and platform Election turnouts-Germany 1:860000 vs Malta 1:66000EU 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 EUEU law has 3 main sourcesPrimary legislation - All EU treaties Secondary legislation - laws passes, executive directivesCase law - previous rulings of the EU court of justice... More of a suggestion than legal valueNo retroactive punishment The court of justice of the European Union consists of 3 courtsThe 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 partyThe 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 themAdvocate 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 casePreliminary ruling procedure National court and the EU count are responsible for ensuring that EU law is properly applied in that countryProceedings for failure to fulfill an obligationInitiated by the commission to get a member state to fulfill an obligation Can be stated by a member state Actions for annulmentIf 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 itActions 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 tooActs 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 justiceLandmark 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 treatiesCosta vs ENEL (1964) - supremacy of EU lawCassis de Dijon (1979) free movement of goods principal- race to the bottomFrancovich 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 EUActual impact of the courtsJudges 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 groupsTheories of interest group politicsPluralism: open access to policy makersProblem 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


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