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Princip subsidiarity EU: vývoj a dopady
Tejkal, Tomáš
The bachelor's thesis focuses on important aspects related to the observance of the subsidiarity principle to determine whether the principle is adequately respected in the Union structures. According to the principle, exercising powers between the Union and the member states should be regulated effectively. However, the principle also contains other elements that contribute to its ambiguous interpretation. The study emphasizes the interpretation of the principle itself but also examines the role of national parliaments that can participate in the subsidiarity control mechanism. Different perceptions of the principle prevail both among the EU institutions and national parliaments. An important player is primarily the European Commission, which looks at the principle of subsidiarity in its narrower form, despite the lack of clearly defined criteria. This is also reflected in the function of the Subsidiarity control mechanism, which in its current form has a rather marginal influence on the legislative creation. In addition, its use has been decreasing for a long time and no significant reforms are taking place. Even the legal anchoring of the principles coexists with the political framework, which further deepens the problematic nature of the principle. This may be why the European Court of Justice is reluctant to challenge the Union's legislators. Moreover, compliance with the principle of subsidiarity does not seem to be the main subject of the Commission's regulatory instruments, which in this regard are rather applied towards better political decision-making. The reasons probably lie in the still vaguely established procedures relating to the operation of the principle of subsidiarity since the adoption of the Treaty of Lisbon. The above arguments thus indicate that the principle of subsidiarity in the Union is being violated. It does not seem that there is a more effective distribution of powers, which also requires the proper legitimacy of lower units.
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The role of national parliaments in legislative process of European union
ZÍMOVÁ, Kristýna
The aim of this thesis was to analyze roles of national parliaments in legislative process of European union and consider to which section and how can national parliaments influent the content and form of secondary law. In the theoretical part is described historical process of the state of national parliaments in European union and defined their todays roles. In the practical part was analyzed involvement and activity of national parliaments in EU. The first part of analysis is about czech parliamentary chambers and their adjustment for involvement in the union legislative process. The second part of analysis was examined the control mechanism for subsidiarity. Last part of analysis examined the whole activity involvement and actvity of national parliaments in the legislative process in reporting period in years 2014-2018.
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Preliminary Control of the Subsidiarity Principle after the Lisbon Treaty in Practice of the Parliaments of the Czech Republic and Italy
Krause, Eva ; Váška, Jan (advisor) ; Šlosarčík, Ivo (referee)
The presented bachelor thesis focuses on an analysis of the principle of subsidiarity in the legislation of the European Union - its theoretical basis and applied practice. The author provides a theoretical part in which the principle is presented in the legislation together with changes in status of national parliaments after the Lisbon Treaty, inter-parliament cooperation, the early warning system and academic reflexion regarding the topic. The core of the paper is in evaluation of efficiency of the control mechanism of the early warning system in the context of parliaments of the Czech Republic and Italy. Key words: European Union, Lisbon Treaty, National Parliaments, Principle of Subsidiarity, Early Warning System
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Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later
Tetourová, Eva ; Král, Richard (referee)
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later Abstract Adoption of the Lisbon Treaty has brought about several essential institutional changes in the functioning of the European Union. For example, a further shift towards co-decision by the European Parliament on secondary law that became ordinary legislative procedure. Also, qualified majority voting in the Council has been extended and subjected to the new conditions. Last but not least, the EU competences have been divided as exclusive, shared and supporting. These and related further steps simultaneously gave rise to a more intense involvement of national parliaments, both in the sense of a scrutiny over a due exercise of conferred powers as well as a democratic safeguard of the new processes. The main goal of this thesis is to present a comprehensive picture of existing legal framework in this field, including a brief summary on crucial historical factors that have been shaping it until its current form. Hand in hand with that, it also offers evaluation of the most frequently used mechanisms throughout the 10 years of its application. Consequently, it leads to a reflection on how, and if at all, effectively exploit the potential of national parliaments in this regard,...
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Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later
Tetourová, Eva ; Tomášek, Michal (advisor) ; Grmelová, Nicole (referee) ; Pítrová, Lenka (referee)
Application of the Lisbon Treaty provisions on involvement of national parliaments in the EU decision-making process 10 years later Abstract Adoption of the Lisbon Treaty has brought about several essential institutional changes in the functioning of the European Union. For example, a further shift towards co-decision by the European Parliament on secondary law that became ordinary legislative procedure. Also, qualified majority voting in the Council has been extended and subjected to the new conditions. Last but not least, the EU competences have been divided as exclusive, shared and supporting. These and related further steps simultaneously gave rise to a more intense involvement of national parliaments, both in the sense of a scrutiny over a due exercise of conferred powers as well as a democratic safeguard of the new processes. The main goal of this thesis is to present a comprehensive picture of existing legal framework in this field, including a brief summary on crucial historical factors that have been shaping it until its current form. Hand in hand with that, it also offers evaluation of the most frequently used mechanisms throughout the 10 years of its application. Consequently, it leads to a reflection on how, and if at all, effectively exploit the potential of national parliaments in this regard,...
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Relationship between National Parliaments and the European Union
Grinc, Jan ; Kysela, Jan (advisor) ; Reschová, Jana (referee) ; Zbíral, Robert (referee)
Dissertation thesis "Relationship between National Parliaments and the European Union" examines the impacts of the European integration on the national parliaments - the limitation of their functions and powers, measures undertaken to compensate these limitation in both the EU and the national law and the new roles of national parliaments in the context of European integration. The point of departure of the thesis is the notion of representative democracy as a still unsurpassed concept of a legitimate exercise of public authority. National parliaments mainly fulfil the controlling and legitimising function in the EU affairs. To this end, they have various legal instruments at their disposal. The fulfilment of these functions is limited by political and legal factors stemming from the nature of parliaments as political, not professional bodies and from their role in the national constitutional systems. Special attention is paid to the role of national parliaments in the evolving economic and monetary union. The general findings are confronted with the legal regulation and practice in the Parliament of the Czech Republic.
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Preliminary Control of the Subsidiarity Principle after the Lisbon Treaty in Practice of the Parliaments of the Czech Republic and Italy
Krause, Eva ; Váška, Jan (advisor) ; Šlosarčík, Ivo (referee)
The presented bachelor thesis focuses on an analysis of the principle of subsidiarity in the legislation of the European Union - its theoretical basis and applied practice. The author provides a theoretical part in which the principle is presented in the legislation together with changes in status of national parliaments after the Lisbon Treaty, inter-parliament cooperation, the early warning system and academic reflexion regarding the topic. The core of the paper is in evaluation of efficiency of the control mechanism of the early warning system in the context of parliaments of the Czech Republic and Italy. Key words: European Union, Lisbon Treaty, National Parliaments, Principle of Subsidiarity, Early Warning System
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Adaptation of the parliaments of the Czech Republic, Poland and Slovakia to the Early Warning Mechanism on European legislation
Holakovská, Zuzana ; Knutelská, Viera (advisor) ; Černoch, Jakub (referee)
UNIVERZITA KARLOVA V PRAZE FAKULTA SOCIÁLNÍCH VĚD Institut politologických studií Zuzana Holakovská Adaption of the parliaments of the Czech Republic, Poland and Slovakia to the Early Warning Mechanism on European legislation Abstract Praha 2015 Abstract The Early warning mechanism (EWM) is considered to be one of the biggest contributions of the Lisbon Treaty to the democratisation of the European Union. This thesis provides empirical findings in the field of the usage of the EWM. In particular it focuses on the adaption of the Czech, Slovak, and Polish parliaments to the EWM and analyses whether the understanding of the principle of subsidiarity by the respective chambers influences their activity in the EWM. This thesis combines a broad range of data sources including: firstly, primary sources such as official documents, reasoned opinions available from relevant databases (IPEX) and a questionnaire filled out by the parliamentary staff; secondly, secondary sources such as previous research in the field, and lastly direct observations. This study concludes that subsidiarity control is understood by the national parliaments as a tool to defend their legislative prerogatives. Furthermore it suggests that the inclusion of references to the principle of proportionality in the reasoned opinions increases the...
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Institutional aspects of the democratic deficit: The role of national parliaments in EU matters
Knutelská, Viera ; Plechanovová, Běla (advisor) ; Karlas, Jan (referee) ; Braun, Mats Rickard (referee)
This dissertation deals with institutional aspects of the democratic deficit of the European Union, particularly the powers of national parliaments and their capabilities to influence decision-making at the European level. The national parliaments' role in European integration became an interesting research area thanks to their greater involvement in the EU affairs in the last twenty years. However, because of the many developments of the European integration in the last twenty years (including both deepening and broadening of integration), many questions remain open. These include involvement of national parliaments both on European level and on national level; for obvious reasons, the latter has been studied less regarding the parliaments of the Member States that joined the Union in 2004 and 2007. While this dissertation deals with some aspects of the work of national parliaments of all Member States, more detailed studies are devoted to the cases of the Czech Republic, Poland and Slovakia. This dissertation poses questions in the three main areas of research that are all devoted to some practical aspects of national parliaments' involvement in European affairs. First, it examines the involvement of national parliaments at the European level and whether national parliaments do have the...
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