“Legislative Veto” of Senate – The Controversial Element of the Legislative Procedure Under the Rules of the Constitution of Republic of Poland of 1921

The article is dedicated to the systematic analysis of the peculiarities of the formation and functioning of amalgamated territorial communities in Ukraine as new local social communities. Analyzing the legislative procedure of amalgamation, the author distinguishes the essential features of amalgamated territorial communities that are different from other settlement communities. Within the framework of this investigation, the newly amalgamated hromadas appear as a “second-order” phenomenon, which is a socio-legal construct that is formed in a consensual manner and on a voluntary reciprocal basis. Basing on the analysis of qualitative sociological research data the author demonstrates the importance of the functioning of reciprocity mechanisms at the level of orientations and practices of all social actors involved in the procedure of territorial communities amalgamation. It is illustrated that the "failure" of reciprocity mechanisms contributes to the change of merger scenarios, causes the postponement of this process and the emergence of conflict situations. The paper substantiates that the legislative procedure of territorial communities amalgamation intensifies the formation of social capital and the establishment of a new civic social order. The special, different social status of amalgamated territorial communities in comparison with other settlement communities is explained by the emergence of the phenomenon of social cohesion, the mechanisms of activation of which are contained in the legislative order of territorial communities amalgamation. It is concluded that an important theoretical basis for the sociological conceptualization of ATC is the concept of reciprocity, which explains the mechanism of successful amalgamation, which is facilitated by the attitudes and practices of reciprocity of all involved social actors. According to the author’s point of view, the sociological synthesis of spatial and activity approaches to the analysis of social communities within the framework of sociological conceptualization of united territorial communities is considered heuristic. The synthesis of these approaches emphasizes both the importance of the spatial context of interactions emergence and reproduction, and their essential functionality in the formation and reproduction of hromada social order.

Download Full-text

The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

International Journal of Legal Information ◽

10.1017/jli.2016.5 ◽

2016 ◽

Vol 44 (1) ◽

pp. 35-42

Author(s):

Claus Koggel

Keyword(s):

Constitutional Law ◽

Political Power ◽

Case Law ◽

Legislative Process ◽

Constitutional Court ◽

Current Case ◽

Basic Law ◽

Federal Constitutional ◽

Legislative Procedure ◽

German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

Download Full-text

“Acting in Accordance with the Ordinary Legislative Procedure…”: Metadiscourse in EU Regulations on Immigration

International Journal of English Linguistics ◽

10.5539/ijel.v11n3p49 ◽

2021 ◽

Vol 11 (3) ◽

pp. 49

Author(s):

Michela Giordano ◽

Antonio Piga

Keyword(s):

Professional Practice ◽

Teaching Experience ◽

European Law ◽

The World ◽

Legislative Procedure ◽

Ordinary Legislative Procedure ◽

Interactional Features ◽

Point Of Departure ◽

Parallel Texts ◽

The Eu

The ongoing Pan-European integration process has profoundly influenced the nature of European law and its development, demanding a review of “the ways of how language […] is materialized” (Gibová, 2009, p. 192). EU multilingualism is thus becoming an intricate concept since “EU translation is […] becoming the language of Europe” (Gibová, 2009, p. 192) encompassing a supranational view of the world conveyed in EU-wide legislation. Very much in line with this assumption, and taking into account the teaching experience in Specialised Translation Masters’ courses training would-be professional translators, this study examines a corpus of European Parliament Regulations on immigration. In order to understand whether dissimilarities and/or congruencies occur between the EU working language, i.e., English, and the Italian versions, the metadiscourse framework by Hyland (2005), comprising both interactive and interactional features, is used as the point of departure for the analysis of parallel texts. The Regulations produced by EU institutions and conveyed and transmitted both in English as a “procedural language” (Wagner, Bech, & Martίnez, 2012) as well as in Italian have been scrutinized both quantitatively and qualitatively, in order to draw precious pedagogical implications for translation studies and professional practice for future qualified and trained translators.

Download Full-text

Aspectos relevantes del intento de reforma constitucional en Italia en la cuestión de procedimiento legislativo y fuentes primarias = Aspetti rilevanti della tentata riforma constituzionale in Italia in tema di procedimiento legislativo en fonti primarie = Relevant aspects of the constitutional reform attemp in Italy in the matter of legislative procedure and primary sources

Revista jurídica de la Universidad de León ◽

10.18002/rjule.v0i4.5287 ◽

2017 ◽

pp. 67

Author(s):

Tommaso Pensabene Lionti

Keyword(s):

Constitutional Law ◽

Legal Issues ◽

Constitutional Reform ◽

Primary Sources ◽

Legislative Process ◽

Parliamentary System ◽

El Sistema ◽

Legislative Procedure ◽

Constitutional System ◽

The Many

El 4 de diciembre de 2016 los italianos fueron llamados a participar, a través de la votación, en el referéndum concerniente una ley constitucional que (en caso de resultado positivo), habría modificado de manera radical el ordenamiento constitucional italiano. Entre las múltiples modificaciones que la reforma quería introducir, se enfocan lo significativos cambios que la misma habría producido en materia de procedimiento legislativo. En efecto, al final de la reforma, el sistema parlamentario italiano habría cambiado, transitando desde el llamado “bicameralismo paritario” hasta un sistema monocameral “asimétrico o diferenciado”. En consecuencia, habría cambiado el procedimiento legislativo, estructurándose en múltiples procedimientos, o variantes procedimentales, de los cuales se describe la disciplina, haciendo hincapié sobre algunos relevantes aspectos problemáticos. Se subraya, también, que la reforma, a través de la modificación del procedimiento legislativo, junto con la nueva disciplina constitucional de los decretos-leyes y de la nueva repartición de las competencias normativas entre el Estado y las Regiones, habría producido cambios importantes sobre las mismas características de las leyes y de los actos con fuerza de ley. En conclusión, se plantean las posibles razones, políticas y jurídicas, que han llevado al resultado negativo del referendum constitucional.On December 4, 2016, Italians were called upon a referendum to approve a constitutional law that would (if successful) radically change the Italian constitutional system. Among the many changes that the reform intended to pursue, we are focusing on the significant changes it would bring in the legislative procedure. As a result of the reform, in fact, the Italian parliamentary system would be changed, passing from "bicameralism equal" to a "asymmetric or differentiated" monocameral system. Consequently, the legislative process would have changed, articulating into multiple procedures or procedural variants, of which the discipline is described, focusing on some relevant problematic profiles. It should also be noted that the reform, with the modification of the legislative procedure, together with the new constitutional discipline of the decree-law and the new division of normative competences between the State and the Regions, would have produced important changes in the features of laws and acts with force of law. Finally, we are questioning about the possible reasons, policies and legal issues, that have led to the negative outcome of the constitutional referendum.

Download Full-text

BRIEF CONSIDERATIONS ON THE EUROPEAN LEGISLATIVE PROCEDURES, WITH PARTICULAR REFERENCE TO PASSERELLE CLAUSES

Agora International Journal of Juridical Sciences ◽

10.15837/aijjs.v11i1.3013 ◽

2017 ◽

Vol 11 (1) ◽

pp. 7-15

Author(s):

Mihaela Pătrăuș ◽

Darius-Dennis Pătrăuș

Keyword(s):

Lisbon Treaty ◽

National Parliaments ◽

Judicial Cooperation ◽

Legislative Procedures ◽

The Family ◽

Defence Policy ◽

European Policies ◽

Legislative Procedure ◽

Ordinary Legislative Procedure ◽

The Eu

The Lisbon Treaty in order to strengthen the EU's capacity to decide, to act and to ensure the legitimacy of decisions taken at the same time, reformed the decision-making process of the EU, particularly by changing the legislative procedures in force.Among the novelties of the Lisbon Treaty, we must mention the passerelle clauses, which according to the ordinary legislative procedure will be generalized, under certain conditions, in areas which were initially outside its scope.The treaty nominates two types of passerelle clauses: the general passerelle clause which applies to all European policies and the enabling of this clause will be authorized by a decision of the European Council, acting unanimously; the passerelle clauses specific to certain European policies (MFF, Common Security and Defence Policy, judicial cooperation regarding the family rights- this specific clause is the only one explaining which national parliaments keep their right to oppose; cooperation is strengthened in the areas governed by unanimity or by a special legislative procedure, social affairs, environmental ).The flexibility introduced through a significant number of passerelle clauses in the Lisbon Treaty allows adjustment of the EU quickly and efficiently, depending on punctual developments, without neglecting the guarantees on the sovereignty of member states.

Download Full-text