scholarly journals Ombudsman decentralized in the EU: experience for Ukraine

2016 ◽  
Vol 4 (1-2) ◽  
pp. 42-50
Author(s):  
К. В. Мануілова
Keyword(s):  
The Netherlands ◽  
Rule Of Law ◽  
Significant Contribution ◽  
Public Authorities ◽  
Public Power ◽  
The Rule Of Law ◽  
Growth Status ◽  
The Individual ◽  
Further Development ◽  
The Eu

The article analyses the actual theme of the ombudsman institution in terms of decen­tralization of public power. The features of formation and functioning of the ombudsman in Sweden, Finland, of Denmark, Austria and the Netherlands. It is noted that it is the best ombudsman protects the rights of people in decentralized EU. Ombudsman makes a significant contribution to the democratization of society, public power closer to the peo­ple, ensuring fairness, legitimacy and willingness to meet the needs of citizens and con­tributes to greater transparency, efficiency and quality in the work of public authorities. Today, most decentralized European countries the post of local / regional ombudsman, which successfully handles control of public authorities. The conclusions emphasized that the activities of the institute of local / regional ombudsman investigated in the EU was an important step for the further development of democratic society; strengthening the rule of law key components (growth status of the individual, guaranteeing the rights and freedoms of man and citizen); providing better control over the activities of authori­ties and officials; realization of the main goal of the policy of decentralization of public power – the power to approach people. The recommendations for change Ukrainian om­budsman as a decentralized public power.

Emergency! But What about Legal Protection in the EU?

2018 ◽  
Vol 9 (1) ◽  
pp. 99-119 ◽  
Author(s):  
Tom BINDER ◽  
Argyro KARAGIANNI ◽  
Miroslava SCHOLTEN
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Case Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Emergency Powers ◽  
Executive Discretion ◽  
Legal Position ◽  
Private Actors ◽  
The Eu

AbstractThe EU institutions and agencies have become increasingly involved in enforcing EU law directly vis-à-vis private actors. A number of such EU entities have also acquired the so-called emergency powers, which allow interference with the legal position of a private party. Given the lack of research in this area, the question that this article addresses is whether relevant safeguards have been introduced to ensure the rule of law in such situations to prevent the abuse of executive discretion by public authorities. What are the relevant safeguards in the emergency in the EU in the first place? Having analysed relevant EU legislation and case law, the article offers a complete overview of all the existing EU entities with the emergency powers and shows a great diversity in the extent to which the EU legislator has regulated procedural safeguards in relevant law. The article discusses what safeguards need to be ensured in an emergency and argues for clarity of legislative frameworks in this respect.

Defending Democracy and the Rule of Law in the Era of Post-Enlargement

2020 ◽  
Vol 45 (4) ◽  
pp. 409-431
Author(s):  
Kirsten Schmalenbach
Keyword(s):  
Rule Of Law ◽  
Early Warning ◽  
Judicial Review ◽  
Defence Mechanism ◽  
Member States ◽  
The Rule Of Law ◽  
New Member States ◽  
Court Of Justice ◽  
The Individual ◽  
The Eu

Abstract This contribution critically analyses the four limbs of the EU’s defence mechanism upholding the rule of law within the Union. The first being the individual post accession rule of law mechanism, introduced by the Commission in 2006 for the two new member states Bulgaria and Rumania. The second, and arguably most powerful limb, involves the EU Court of Justice conducting a judicial review of a member state’s rule of law situation, which is of far greater concern for reviewed members than the so-called “nuclear” last-resort option of Art. 7 teu ’s sanction mechanism (fourth limb) that is politically difficult to enact. With a view to the politically fraught Art. 7 teu, the Commission introduced a new “early warning” rule of law framework in 2014 which pre-emptively enables exploring dialogue-based solutions to rule-of law issues as they emerge (third limb).

scholarly journals The Constitution of Ukraine of 1710 and its place in the centuries-old history of nation-building

2020 ◽  
pp. 16-25
Author(s):  
Igor Boiko
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Nation Building ◽  
Electoral System ◽  
The State ◽  
Public Authorities ◽  
The Rule Of Law ◽  
French And English ◽  
History Of ◽  
Further Development

The article reveals the socio-political preconditions of the Constitution of Ukraine of 1710, analyzes its content and determinesits place in the centuries-old history of nation-building. It is noted that the Ukrainian Constitution of 1710 had an exceptional politicaland legal significance, as it was a regularity of the existence of the Ukrainian Cossack state and testified to the statehood of the Ukrai -nian nation. The Constitution of 1710 was a kind of social contract, the primary purpose of which is to ensure the rights and free deve -lopment of members of society. It enshrined the principle of separation of state power, established democratic and contractual principlesfor the formation of public authorities, the manner of their organization and interaction, determined their competence and functions.The Constitution of Ukraine of 1710 enshrined other important principles, including equality (Article 6 «equality of the Cossacks inpublic affairs»), the rule of law and the inviolability of natural human rights, which were the basis for preventing usurpation of power,violation of the integrity and sovereignty of the state. The competence of state authorities and officials was delimited and their constitutionalstatus was established. The Ukrainian Constitution of 1710 was focused on the establishment and development of the nationalidea, spiritual and moral values of peace, tolerance, goodness, and justice. During the period of the Ukrainian Cossack state, especiallyat the time of the adoption of its constitution in 1710, the formation of the national idea took place. The Constitution of Ukraine of 1710is important in the history of nation-building. Adopted during the Middle Ages, when predominantly absolutist monarchies ruled, itbecame the most advanced state act in European society at the time, defining Ukraine as a democratic Christian republic with an electedhetmanate. The Constitution of 1710 became the foundation for the further development of Ukrainian statehood. The first Ukrainianconstitution of 1710 was ahead of its time, it was adopted when the French and English educators had just begun to develop those cons -titutional ideas that were already laid down in it. As is typical of constitutions, it defined the state system, the order and principles offunctioning of representative, executive and judicial authorities, the electoral system, the rights and responsibilities of the state, societyand citizens. Given the above-analyzed basic provisions of the Constitution of 1710, it can rightly be considered the first written democraticconstitution in the world. Key words: constitution, state formation, republic, state, nation, Ukraine.

scholarly journals Shared Tasks, but Separated Controls: Building the System of Control for Shared Administration in an EU Multi-Jurisdictional Setting

2019 ◽  
Vol 10 (3) ◽  
pp. 538-553
Author(s):  
Miroslava SCHOLTEN
Keyword(s):  
Rule Of Law ◽  
Future Research ◽  
Governance Structures ◽  
Relevant Research ◽  
Public Power ◽  
The Rule Of Law ◽  
Different Types ◽  
Multi Level ◽  
The Many ◽  
The Eu

In order to address “wicked problems”, complex, multi-level governance structures must be established. These structures in turn require sophisticated systems of controls over public power to safeguard the rule of law. This seems to have been ignored in EU legislative practice and relevant research. This article argues that future research and legislative design of controls over public power in the EU need to be guided by the principle of connecting, aligning and making interplay between relevant concepts, institutions, procedures and scopes of different types of control belonging to the many jurisdictions, whose actors are involved in the executing of (shared) tasks in the EU. Connecting the disciplines that study these issues is a necessary prerequisite to this endeavour.

scholarly journals The novelty of the individual constitutional complaint in Lithuania – theorethical and practical aspects

2020 ◽  
pp. 6-28
Author(s):  
Rokas Urbanavičius ◽  
Vytautas Vaicekauskas
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Additional Possibility ◽  
Protection Of Human Rights ◽  
The Individual ◽  
Further Development

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

Abnormal Sources and Institutional Actions in the EU Sovereign Debt Crisis—ECB Crisis Management and the Sovereign Debt Loans

2018 ◽  
Author(s):  
Claire Kilpatrick
Keyword(s):  
Crisis Management ◽  
Rule Of Law ◽  
Sovereign Debt ◽  
Debt Crisis ◽  
Sovereign Debt Crisis ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Institutional Power ◽  
European Central ◽  
The Eu

This chapter examines the institutional actions and acts produced in the context of the EU sovereign debt crisis. By identifying a number of these acts and actions as abnormal rather than merely non-standard or atypical, attention is drawn to the features of these acts and actions that trouble the law/non-law boundary. Significantly, they trouble it not because they are soft law, but rather because they act as law without fulfilling the requirements or desiderata of binding acts adopted by public authorities. This includes obviously problematic features such as secret sources and institutional actions. It also opens for consideration the cumulative and not easily visible institutional power conferred by interaction of a series of different levers possessed by the European Central Bank in sovereign debt crisis management. Hence the contribution stresses the rule of law issues raised by this large new area of EU action.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

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