European Union Law: Democracy, Parliament, and Commission Analysis

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This discussion post delves into the core aspects of European Union (EU) law, examining the evolution and limitations of the European Parliament. It begins by providing a foundational understanding of the EU's legal framework, highlighting the roles of key institutions like the Parliament, Council, and Commission in fostering democracy and economic growth within member states. The post further explores the radical evolution of the European Parliament, tracing its transformation into a vital legislative body and discussing its impact on democratic processes. It then critically analyzes the limitations faced by the Parliament, such as internal coherence issues and lack of transparency. Furthermore, it clarifies the roles of the Council of the European Union and the European Commission in the context of democratic governance, emphasizing their functions in policy-making, security, and economic stability. The discussion underscores the importance of EU law in maintaining a democratic system and fostering strong trade relations among member countries. Finally, the post concludes by reiterating the significance of these institutions in the continuous development of the EU and its member states.
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EUROPEAN UNION
LAW
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Table of Contents
INTRODUCTION...........................................................................................................................3
INTITAL POST...............................................................................................................................3
Discussion Topic..............................................................................................................................4
Radical evolution of the European Parliament.......................................................................4
Brief discussion on limitations of European Parliament........................................................5
Role of Council of European Union & European Commission in democracy.......................6
CONCLUSION................................................................................................................................8
SUMMARY POST..........................................................................................................................9
REFERENCES..............................................................................................................................11
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INTRODUCTION
European Union is play vital role in running economy of European contingent. In order to
understand the effect and revolution of democracy this forum has been formulated. It includes
discussion related with evolution of European parliament as well as limitation of European
parliament. It also defines role of council as well as European commission in order to develop
the growth of member countries of European union.
INTITAL POST
The law of the European Union is a set of laws functioning within the Council of Europe Union's
Member States. The EU has established the mission of "promote peace, its principles but the well
of its peoples" since the establishment of the Coal and Steel Society after World War II. For the
aim of collaboration and human growth, the EU has democratic institutions, social and economic
strategies that surpass nation-states. The EU constitutes, according to its Court of Appeal, a "a
new legal structure of international humanitarian law". The EU's legal pillars are the Treaty on
European Integration (TEU) and the Treaty on the Operation of the European Union (TFEU),
decided unanimously by the 27 National Governments' governments. If they choose to act
according to the rules of the association, new members can participate, and current members may
leave according to their own constitutional criteria. Citizens are eligible to engage in forming the
laws of the EU by Parliament and their national governments. "The Commission has a popular
mandate, the Council of the European Union serves the government of the Member States, the
Parliament is appointed by EU people, while the High court is committed to upholding the law
and civil rights. The EU is "not merely an economic alliance," as the High court has said, but is
intended to "make sure democratic change and to achieve continuous development.
While the European Union doesn't even have a formalised constitution, it has rules that
"constitute" the fundamental form of governing, like any legislative body. The main statutory
origins of the EU are the Agreement on European Union and the Treaty on the Operation of the
European Union, that have been accepted or conformed to by all 27 Member States' legislatures.
The Treaties create the agencies of the EU, list the roles and obligations, and clarify the areas
wherein guidelines or legislation may be legislated by the EU.
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References:
Lynskey, O., 2017. Aligning data protection rights with competition law remedies? The GDPR
right to data portability. European Law Review, 42(6), pp.793-814.
von Bogdandy, A., 2016. European Law Beyond ‘Ever Closer Union’Repositioning the Concept,
its Thrust and the ECJ's Comparative Methodology. European Law Journal, 22(4),
pp.519-538.
Discussion Topic
Radical evolution of the European Parliament.
European parliament is essential branch of European Union. It is established in 1958 to
play role of common assembly of European Union. It defines rules and legislation which follow
at each state and member of European Union. After India European Parliament is considers as
the second largest democratic parliament in the world which composed 705 members. It is
considering as essential part of economy as well as run in effective manner.
The main purpose of establishment of this parliament is to convert undemocratic EU to
democratic one. Since 1979 the organization work for becoming more democratic and spread
accountability as well as transparency within the European Union. Members of parliament play
role of representatives of their state, and they have right to vote and choose their member of
parliament which formulate rules and regulation which is related with running economy of
European countries (Bartha and Horváth, 2020).
Accordion to my point of view European parliament has been come from long way it
took time of EU to formulate this branch due to the effect of other branches of EU. From play
role of consultative assembly to play role of legislator council this organization play role of a
being their body of democratic control.
The European parliament is not play largest institution role. Many challenges this branch
of EU face in order to regulate democratic rules in European countries. European parliament
focus on operations such as trialouge as well as they it developed itself as council which work
for development purpose. They extent their legislative power in order to make more democratic
environment of EU countries. In the revolution of EP they focus on putting council with
legislative procedure which is called abolition of 3rd party reading.
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European parliament focusing on development of flexible coherent profile in order to
shape essential European union marketing policies. Evaluation of European parliament also
focusing on given priorities in order to preference EU electorate policies.
Brief discussion on limitations of European Parliament.
European Parliament is mainly established for the purpose of convert the system of EU
into demodectic one. However, there will be many drawbacks when European Union implement
this branch within their system. According to my perception following are the problems which
European member countries face due to this parliament system
Internal coherence between ruling party and opposition: It seems that due to the
implementation of parliament system the conflict related with internal coherence between
member countries has been raise. Specially between England and its neighbour countries.
Member of parliament sometimes not satisfied with the decision taken in the parliament related
with trade policies thus these type so if issue arises.
Violation of concept of power of separation: Due to the democratic rule and concept of
European parliament, member countries of EP require to taker permission and as special
resolution to implement for amendments in the rule in their country thus they are bounded with
legislation of European Parliament which take their power of separation of taking trade or
economical decision (Douma and Kardachaki, 2016).
Issue between parliament and other branch of European Union: After the establishment of
European Parliament, there would be many chances and case which directly affected relation
between EP with European council and European commission,
Lack of initiative: It is also considering as biggest limitation of European democracy
system is that most of member are not take initiative regarding with suggestion given in
parliament which is related with formulation of rule of running marketing and trading policies of
these countries within international market.
Lack of transparency: Due to transaction election system it seems that small countries
which member of European Parliament not able to stand their decision of their opinion regarding
as the decision is taken on the majority of large countries. There will be several of times when
this situation had been raise during the time of taken parliament meeting. Malta and other
member of this parliament not able to express their opinion due to lack of transparency system
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Long time to take decision: In European parliament more than of 700 states are member
of this union, thus it is not possible that parliament took decision in few time as time required in
voting process of holding meeting regarding discussion of taking any decision.
One more limitation of democratic parliament that decision taken within the parliament
are not share with local citizen of member of European countries. Which directly impact on the
perception of citizen regarding with the goodwill of European parliament.
Role of Council of European Union & European Commission in democracy.
Council of European Union is 3rd number institution of European Union. It is cousin of
ministers. Council is the legislative body of EU which work together with European Parliament
in order to take approval to the decision taken by European Commission. It is the only
institution in which ambassador or head of state represent country as member of this council.
This institution work on 10 different areas which includes, general affair, economic & finance
affair, Justice and home affair as well as soil policy, environment policies and work on take
decision regarding transportation and energy business.
Council includes member of state government and they represent each state. Commission
Council is focusing on taking decision regarding with law as well as their main purpose is to
approved budget of European Union. Following are the role play by this institution in regards
with democracy (Douma, S., 2017).
Assessment of progress: European Council focus on progress of European Union
countries thus they formulate policies related with economy as well as they negotiable
international agreement in order to increase development rate of European countries.
Insure security: The main role of European council is that they are focus on controlling
issue related with international crime, raise business security of citizen by controlling issue
related with cybercrime. They work on insuring security by controlling issue related with
terrorism as well as radicalisation.
Work on European stability mechanism: This institution plays major role in order to
maintain stability. European Council has power to pass resolution which related with trade
mechanism.
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Formulate policy guidance: European Council provides guideline regarding with law and
rules to how new amendment work on the time of implementation of these policies. They draft
essential business as well as economic guideline to each member of their institution.
Formulate development strategy: The main purpose of European Council is that they
discuss topic which help in economic development as well as focus on priorities essential
strategies which useful for the purpose of growth of theses member countries.
European commission is established for the purpose of maintaining day to day trade
transactions of EU members. It is also considering as executive branch of European Union. It is
commission of 27 members these members represent each state however being as member of
Europe Commission they are not restricted to work for their home state moreover member of this
institution according to their general interest. Commissionaire are not selected on the basis of
state member rather they are selected on the basis of parliament voting process (Fjelstul, 2019).
European Commission help in decision making and play vital role in order to maintain
democratic revolution within the European country. Following are the role of this institution,
which are define below
Propose legislation: For maintain democratic environment within the European Union,
EC play role of legislative initiator. Commissionaire of this institution have power regarding
with taken decision and formulate policies related with legal sector.
Implementation of EU policies: European Commission with the help of European parliament
implement policies related with trade, environment, international relation with other countries as
well as formulate policies in systematic manner. Which beneficial for the growth of European
Union countries.
Guardian of treaties: The main role of this institution is that they focus on provides
surveillance & enforcement of law related with EU. The main purpose is to maintain good
relation between this commission and European court also that the court give approval regarding
new amendments and acts pass for remain flexibility and democracy in economy of European
Union countries.
Single mediator: European commission generally focus on maintain democratic
environment within the EU member countries thus this institution plays role of single mediator.
The institution work for negotiation of international trade transaction and solve issue related with
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international trade war between member of EU and countries of other contingent (Youm, and
Park, 2016).
CONCLUSION
On the basis of above report this can be concluded that European Union law plays vital
role in order to maintain democratic system. Thus with the help of European Parliament they
took decision of evaluation of policies regarding with legal, ethical business and environment
sector as well as they focus on implementation of economic policies which help in maintain
strong trade relation of European Union member in international market. As their main purpose
is to developed each and every member country of European Union. In addition to this from
further part of report this can be articulated that EU law encompasses a broad array of topics,
from agriculture to antitrust law. The idea, as the European Union increased in scale, was to
establish a fair playing field and harmonize regulations around the Union on many topics, mainly
trade. This is a comparatively recent field of law that began to evolve only during the latter half
of the twentieth century. EU law is relevant because it guarantees that the citizens of the Member
States are fairly treated and equally represented by others.
This organization is considering as non-democratic organization but with the effect of
world war 2, the government of these countries took decision for formulate union which each
member country have right to present their opinion. They with the help of major three institution
of European Union, they convert non democratic into democratic one. Now local criticize also
have right to choose their member and representative by using voting rights as well as they
provide facilities by reduce rigidity regarding with citizenship rule. European parliament with the
help of European Commission and European Union formulate those policies and implement
decision which help in making this union more reliable and flexible which useful for the
development and growth of member of European countries.
References:
Kalimo, H. and Majcher, K., 2017. The concept of fairness: linking EU competition and data
protection law in the digital marketplace. European law review, (2), pp.210-233.
Hartkamp, A., Sieburgh, C. and Devroe, W. eds., 2017. Cases, materials and text on european
law and private law. Bloomsbury Publishing.
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SUMMARY POST
First of all, I would like to give credit to all my peers to give me opportunity about further
analysis and discussion.
I would like to take into consideration that topic of discussion that is European Union law is
liked with a set of laws functioning within the European Union's National Governments. The EU
has established the mission of "encourage peace, its principles but the well of its populations"
since the establishment of the Coal and Steel Society after World War II. EU law encompasses a
broad array of topics, from agriculture to antitrust law. The idea, as the European Union
increased in scale, was to establish a fair playing field and harmonize regulations around the
Union on many topics, mainly trade. This is a comparatively recent field of law that began to
evolve only in the latter half of the twentieth century. EU law is essential in ensuring that the
Member States' citizens are treated equally and regard others equally. The European Union (EU)
is a special relationship in which National Governments have pooled authority over a wide
variety of economic issues in some policy areas and harmonisation regulations. The EU is the
latest step in the process of European unification that started with the fostering of stability,
security and economic growth after the Second World War, initially by six Western Countries.
The EU officially consists of 28 member nations, covering most of Central and Eastern Europe's
previously socialist nations.
Some are debating the potential form and nature of the EU despite these challenging issues. EU
supporters fear that it may be able to stop or undo some elements of EU integration. Others claim
that some desirable changes may arise from numerous crises and eventually turn the EU into a
more successful, unified body. Significant attention has recently been paid to the implementation
of a 'multi-speed EU,' in which some EU members might seek greater convergence in particular
areas, while others might opt out.
References:
Daniel Kelemen, R. and Pavone, T., 2016. Mapping european law. Journal of European Public
Policy, 23(8), pp.1118-1138.
Costello, C., 2016. The Human Rights of Migrants in European Law. Oxford University Press.
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REFERENCES
books and journals
Bartha, I. and Horváth, T. M., 2020. An extension of exemptions: systemic shifts in European
Union law and policies. International Review of Administrative Sciences,
p.0020852320905359.
Douma, S. and Kardachaki, A., 2016. The impact of European Union law on the possibilities of
European Union Member States to adapt international tax rules to the business models
of multinational enterprises. Intertax. 44. p.746.
Douma, S., 2017. BEPS and European Union Law. Cahiers de droit fiscal international.102.
pp.65-95.
Fjelstul, J. C., 2019. The evolution of European Union law: A new data set on the Acquis
Communautaire. European Union Politics. 20(4). pp.670-691.
Youm, K. H. and Park, A., 2016. The “Right to Be Forgotten” in European Union Law: Data
Protection Balanced With Free Speech?. Journalism & mass communication quarterly.
93(2). pp.273-295.
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