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The legislative actor in the Nobel era: Quo Vadis EU?  [cached]
Ana Isabel Xavier
JANUS.NET : e-journal of International Relations , 2013,
Abstract: The idea of a political union, as well as an economic union of Europe, beyond free circulation of persons, goods and services, has always been included in the ideals of the building of Europe. However, its de jure formalization only occurs on November 1, 1993, when the Treaty of Maastricht is in force and a new political and strategic actor is in place: the European Union (EU). Since then, literature has "defined" the European Union in order to clearly establish what this UPO - Unidentified Political Object (an expression by Jacques Delors in the 1990s) - is or what it can be. One of the ideas which has been a focus of discussion is that of "legislative actor" (Manners, 2001; 2002), which claims that the European Union has progressed towards normativity, both internally as well as externally, to its close neighbors and its relations with the rest of the world. This paper aims to contribute to the discussion on Europe's quality or condition to impose rules. We will begin by systematizing a series of achievements which, according to Manners, lead to the triangle democracy, Human Rights and good governance in the signing of the Treaty of Lisbon on December 13, 2007 and its entering in full force on December 1, 2009. However, this paper does not disregard the fact that the concept "legislative actor" has been (re)worked and perfected by its author and other scholars due to criticism and empirical studies and has thus been altered, enhanced and argued against. Therefore, some concepts will be studied whose arguments will allow us to question the internal and external dimension of the actor European Union. We will also explore the symbolic power of the Union in the development of tools and capacity to be acknowledged as an actor able to face current threats and challenges but whose profile may not be different from other actors in international relations. Finally, we will discuss the impact of the EU having been awarded the Nobel Peace Prize in 2012 on the (re)defining of rules, values and principles and on the present financial crisis in the future of the "economic giant but a political dwarf".
Role of Political Affiliation across the European Institutions in the Dynamics of the EU Legislative Process  [PDF]
Radko Hokovsky,Viera Knutelska
AUCO Czech Economic Review , 2012,
Abstract: This paper addresses the question of the impact of party political affiliation on the pace of the EU legislative process. It hypothesizes that the codecision process should be faster if the key actors from the European Commission, the European Parliament and the Council are closer on the left-right policy scale or share affiliation to the same political family. The hypotheses are tested on the data covering the period of five years, from May 2004 to June 2009. While closeness on the left-right policy scale did not prove to have any effect, the findings show that if all three main actors, or at least the EP rapporteur and responsible Commissioner, come from the same political family, the codecision-process is indeed faster. The paper thus aims to contribute to the study of importance of party political ties and left-right cleavages in the EU decision-making.
The "Legislative Backbone" keeping the Institution upright? The Role of European Parliament Committees in the EU Policy-Making Process  [PDF]
Christine Neuhold
European Integration Online Papers , 2001,
Abstract: Over the past five decades the European Parliament (EP) has moved from being a largely consultative assembly to being a genuine co-legislature. The growth in the EPs powers was accompanied by a revaluation of its Standing Committees. It is in these committees, the legislative backbone of the EP, that scrutiny of European Union (EU) legislation takes place. As in the US Congress the real work of the Parliament is done in its committees. They have become a key element in the EU policy-making process and make vital contributions to the shaping of legislation. Although these committees play such a major role in the EP, they have rarely been the subject of empirical inquiries. This paper, which is part of a wider project studying the role of committees, intends to fill this gap. In an examination of how legislative acts have been processed by such committees on the basis of interviews and documentary analysis, this paper focuses on the following main questions: 1. How do EP committees operate? 2. How do they interact with other institutions within the EU system of governance? 3. How do they affect the "link" to the EU citizen? From an analytical perspective answers to these questions are important as they help us to understand some characteristics of the EU decision-making process. From a normative perspective our research also tries to answer the question of whether EP committees help increase the EPs accountability to EU citizens.
The "Legislative Backbone" keeping the Institution upright? The Role of European Parliament Committees in the EU Policy-Making Process  [cached]
Christine Neuhold
European Integration Online Papers , 2001,
Abstract: Over the past five decades the European Parliament (EP) has moved from being a largely consultative assembly to being a genuine co-legislature. The growth in the EP s powers was accompanied by a revaluation of its Standing Committees. It is in these committees, the legislative backbone of the EP, that scrutiny of European Union (EU) legislation takes place. As in the US Congress the real work of the Parliament is done in its committees. They have become a key element in the EU policy-making process and make vital contributions to the shaping of legislation. Although these committees play such a major role in the EP, they have rarely been the subject of empirical inquiries. This paper, which is part of a wider project studying the role of committees, intends to fill this gap. In an examination of how legislative acts have been processed by such committees on the basis of interviews and documentary analysis, this paper focuses on the following main questions: 1. How do EP committees operate? 2. How do they interact with other institutions within the EU system of governance? 3. How do they affect the "link" to the EU citizen? From an analytical perspective answers to these questions are important as they help us to understand some characteristics of the EU decision-making process. From a normative perspective our research also tries to answer the question of whether EP committees help increase the EP s accountability to EU citizens.
Co-operative agreements and the EU Water Framework Directive in conjunction with the Common Agricultural Policy
I. Heinz
Hydrology and Earth System Sciences (HESS) & Discussions (HESSD) , 2008,
Abstract: This paper discusses the significance of voluntary arrangements for the water and agricultural policies in the European Union. The current implementation of the European Water Framework Directive (WFD) and the reform of the Common Agricultural Policy (CAP) require new approaches in water management. As many case studies have shown, co-operative agreements (CAs) between water companies, farmers and authorities can help to reduce environmental pressures on water bodies. The main reasons for that are: i) water companies are ready to advise and financially support farmers in changing production methods; ii) changes of farming practices are tailored to the site-specific requirements; iii) farmers and water companies are interested in minimising the costs and environmental pressures as they benefit, for example, from modernization of farming methods, and reductions in cost of water treatment, and iv) voluntarily agreed commitments to change farming practices are often stricter than statutory rules. Moreover, precautionary rather than remedial measures are preferred. Tackling diffuse pollution is one of the main concerns of the WFD. CAs can enhance the cost-effectiveness of actions within the programmes of measures so that good water status is achieved by 2015. In CAs all relevant stakeholders, located in catchment areas of agricultural usage, can be involved. Thus, they can help to foster integrated water resources management. In particular, disproportionate costs of changing farming practices can be identified. With regard to the recent CAP reform, financial support for farmers will be linked to compliance with environmental standards and further commitments. This concerns both direct payments and agri-environmental programmes. The experience gained in CAs can provide information on best agricultural practices. Informed farmers are more ready to meet environmental requirements. Because CAs implement the most cost-effective changes in farming practice, it can be assumed that farmers will not face considerable costs due to the new EU water and agricultural policies. Some examples of CAs are described and the significance of CAs in the implementation of the WFD and CAP reform will be highlighted. The article closes with an outlook on the needs of future research activities.
Co-operative agreements and the EU Water Framework Directive in conjunction with the Common Agricultural Policy
I. Heinz
Hydrology and Earth System Sciences Discussions , 2007,
Abstract: This paper discusses the significance of voluntary arrangements for the water and agricultural policies in the European Union. The current implementation of the European Water Framework Directive (WFD) and the reform of the Common Agricultural Policy (CAP) require new approaches in water management. As many case studies have shown, co-operative agreements (CAs) between water companies, farmers and authorities can help to reduce environmental pressures on water bodies. The main reasons for that are: i) water companies are ready to advise and financially support farmers in changing production methods; ii) changes of farming practices are tailored to the site-specific requirements; iii) farmers and water companies are interested in minimising the costs and environmental pressures as they benefit, for example, from modernization of farming methods, and reductions in cost of water treatment, and iv) voluntarily agreed commitments to change farming practices are often stricter than statutory rules. Moreover, precautionary rather than remedial measures are preferred. Tackling diffuse pollution is one of the main concerns of the WFD. CAs can enhance the cost-effectiveness of actions within the programmes of measures so that good water status is achieved by 2015. In CAs all relevant stakeholders, located in catchment areas of agricultural usage, can be involved. Thus, they can help to foster integrated water resources management. In particular, disproportionate costs of changing farming practices can be identified. With regard to the recent CAP reform, financial support for farmers will be linked to compliance with environmental standards and further commitments. This concerns both direct payments and agri-environmental programmes. The experience gained in CAs can provide information on best agricultural practices. Informed farmers are more ready to meet environmental requirements. Because CAs implement the most cost-effective changes in farming practice, it can be assumed that farmers will not face considerable costs due to the new EU water and agricultural policies. Some examples of CAs are described and the significance of CAs in the implementation of the WFD and CAP reform will be highlighted. The article closes with an outlook on the needs of future research activities.
“AGREEMENTS”, “DECISIONS” AND “CONCERTED PRACTICES”: KEY CONCEPTS IN THE ANALYSIS OF ANTICOMPETITIVE AGREEMENTS
CRISTINA CUCU
Challenges of the Knowledge Society , 2013,
Abstract: In their economic activity, undertakings conclude many agreements between them. But agreements between undertakings which can distort the competition -anticompetitive agreements- are prohibited. The Romanian and EU law prohibit “all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition”. However, the terms ”agreements”, ”decisions” or ”concerted practices” are nowhere defined in the EU Treaties or in the Romanian law. These terms are key concepts in the analysis of anticompetitive agreements which can distort the competition. In the lack of a legal definition, these concepts have generated a complex body of jurisprudence, which has to be identified. The analysis of these key concepts necessarily entails the conceptual delimitation of the notions. On this purpose, the relevant legal provisions will be identified in the Romanian and EU law, as well as the decisions of the European Court of Justice in this matter. The present paper intends to present the conceptual evolution of the analysed notions, paying special attention to concerted practices and to parallel behaviour in price fixing on the market.
Commercial Concession and Adjacent Agreements: Comparative Aspect Коммерческая концессия и смежные договоры: сравнительный аспект  [PDF]
Tsesliv Anna S.
Business Inform , 2013,
Abstract: Franchise is considered to be one of the most efficient forms of organisation of business in the world, however, there is no such a notion in Ukrainian legislation. Instead, the term “commercial concession” is used. There is no common opinion in scientific literature regarding correspondence of these civil and legal transactions. That is why, the goal of the article is to reveal the level of correlation of “franchise” and “commercial concession” notions and comparison of these agreements with adjacent agreements. The article analyses “franchise” and “commercial concession” terms, considers main legislative documents that regulate this type of civil and legal relations and marks out factors that hinder development of these relations. The article establishes that these notions are equivalent in the Ukrainian legislation. It specifies main components, on which franchise is based: transfer of commercial experience and (or) rights to use objects of intellectual property; two-way relationship; legal, financial and administrative independence of the parties; payment; consultancy and other support; and availability of a written registered agreement. It compares agreements of commercial concession with licence ones and agreements on joint activity, and marks out their differences. Франчайзинг считается одной из самых эффективных форм организации бизнеса в мире, однако в украинском законодательстве не существует такого понятия. Вместо этого используется термин коммерческая концессия . В научной литературе нет единого мнения относительно соответствия этих гражданско-правовых сделок. Поэтому целью статьи является выявление уровня соотношения понятий франчайзинг и коммерческая концессия , а также сравнение таких соглашений с смежными договорами. В статье подробно проанализированы термины франчайзинг и коммерческая концессия , рассмотрены основные законодательные документы, регламентирующие данный вид гражданско-правовых отношений и выделены факторы, тормозящие развитие та
Legislative initiative: concept, features
Natalya V. Lebedev,Alexey Yu. Ogurtsov
European Researcher , 2011,
Abstract: To increase legislative initiative right efficiency it is necessary to settle the mechanism of such right realization at legislative level.
Efficient algorithms to decide tightness  [PDF]
Bhaskar Bagchi,Benjamin A. Burton,Basudeb Datta,Nitin Singh,Jonathan Spreer
Computer Science , 2014,
Abstract: Tightness is a generalisation of the notion of convexity: a space is tight if and only if it is "as convex as possible", given its topological constraints. For a simplicial complex, deciding tightness has a straightforward exponential time algorithm, but efficient methods to decide tightness are only known in the trivial setting of triangulated surfaces. In this article, we present a new polynomial time procedure to decide tightness for triangulations of $3$-manifolds -- a problem which previously was thought to be hard. Furthermore, we describe an algorithm to decide general tightness in the case of $4$-dimensional combinatorial manifolds which is fixed parameter tractable in the treewidth of the $1$-skeletons of their vertex links, and we present an algorithm to decide $\mathbb{F}_2$-tightness for weak pseudomanifolds $M$ of arbitrary but fixed dimension which is fixed parameter tractable in the treewidth of the dual graph of $M$.
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