By Thomas König, Sylvain Brouard, Visit Amazon's Olivier Costa Page, search results, Learn about Author Central, Olivier Costa,
In ten years eighty according to cent of the laws with regards to economics, probably additionally to taxes and social aff airs, might be of group origin.” This assertion has been principally quoted, paraphrased and deformed through varied authors, making a chronic delusion in response to which eighty% of the legislative task of the nationwide legislatures might quickly be diminished to the easy transposition of eu norms”. This booklet addresses the subject of the scope and effect of Europeanization on nationwide laws, as part of the Europeanization debate which increases normative matters associated with the “democratic deficit” debate. The state-of-the-art indicates that there are various assumptions and claims on how ecu integration may well have an effect on nationwide laws and, extra as a rule, family governance yet that there's a loss of sturdy and comparative facts to check them. the purpose of the booklet is to offer a pretty good and comparative perception into Europeanization concentrating on potent results in a scientific approach. This e-book analyzes the interval 1986-2008 and comprises an advent, an international assessment of eu legislative actions which set the heritage for Europeanization of nationwide legislatures, nine nation contributions (8 european member states + Switzerland) together with systematic, comparative and standardized info, tables and figures, and a end with a comparative research of the eu and family purposes for Europeanization.
All nationwide contributions finish that Europeanization of nationwide laws is way extra constrained than assumed within the literature and public debate. it truly is constrained to ten to 30% of legislation (depending at the country), a ways below the eighty% envisioned by means of Jacques Delors and pointed out day-by-day by way of medias and public opinion leaders to illustrate ecu domination on member states. Beside that normal assertion, a number of the chapters suggest a deep perception on european constraint over nationwide laws, offering a lot details at the type of legislation and regulations which are Europeanized, the evolution of this procedure via time, the effect of Europeanization at the stability of powers and the family among majority and competition at nationwide point, the options constructed by means of nationwide associations in that context, and lots of different matters, making the ebook of curiosity to lecturers and policy-makers all in favour of Europeanization and nationwide legislation.
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Extra resources for The Europeanization of Domestic Legislatures: The Empirical Implications of the Delors' Myth in Nine Countries
Sample text
While the above remains largely true, in recent years the Constitutional Court has become slightly more permissive with regard to the interpretation of Article 18 (Michalitsch 1989). It has accepted legislation that contains “final” goals to be achieved by administrative action rather than detailed prescription of administrative action. However, such rulings indicate a mere chance but no guarantee that such legislation will pass the court’s test. Indeed, constitutional lawyers agree that it is hard to predict the outcome of such court cases.
Note, however, that bills that have died can quickly be resurrected in the next period simply by re-introducing them to parliament. Of course, this makes most sense if the parliamentary majority is interested in passing them. Opposition bills often die quietly in committee. To pass, ordinary legislation requires a quorum of one third of the MPs and a majority of the votes cast (50% + 1). A referendum on a law is held before it comes into force if the Nationalrat so decides (Art. 43), which has occurred only once (a referendum on the use of nuclear energy was held in 1978) (M€uller 1998).
Differences between policy fields are considerable in terms of numbers, institution involved, and type of instrument. ” The distribution over time even suggests that agricultural policy has grown in importance over the period under investigation, for which enlargement is a logical and probable explanatory factor. The large share of decisions that are member state-specific further underlines this. However, the widespread use of tertiary legislation in this policy field also points to the technical and regulative nature of this policy area.