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When states apply to join the European Union, they accept that membership will necessitate certain obligations, many of which are linked to concepts of liberal democratic governance. At the very least, the decision to apply will structure policy-making activities. In some cases, it will even necessitate the making of certain specific legal changes in order to respond to the requirements of a pre-accession strategy managed primarily by the European Commission. One area where this has been particularly apparent in the case of Estonia as with Latvia is that of political rights. A challenge for these countries as candidates was compliance with the electoral rights instituted as part of EU citizenship under Article 19 EC. This paper looks at the way the Estonian political elite has dealt with the issue of voting and standing rights and places the discussion within the wider national and European contexts. It will highlight the genesis of the Estonian state and the position of the main political players. The paper finds that the dynamic emanating from the push-pull effect of the process of Europeanization in relation to domestic political events has resulted in reform; however, it is the domestic political conditions that ultimately dictate the exact nature and depth of that reform when it comes to implementation. [ABSTRACT FROM AUTHOR]

Both musical counterpoint and EU law regulate relationships between complex entities: musical lines and legal orders, respectively. Musical counterpoint and EU law thus share an essential function. Clearly, there are contextual differences. However, these very differences mean that counterpoint may offer perspectives on EU law free of the historically and ideologically entrenched conceptions which often constrain study of governance problems in EU law. In the present paper analogies are drawn between musical notes and legal acts and between melodic lines and legal orders. The very exercise of making analogies between two different systems of thought may highlight certain features of each. The significance of highlighted features of EU law might, in the absence of such an exercise, be overlooked or obscured. The paper goes on to use the theory of musical counterpoint as a framework for analyzing EU law. This method brings into focus features of EU law that are critical for relationships between legal orders. Finally, compositional models derived from contrapuntal theory are used to evaluate recent reform moves in EU practice concerning such relationships and to suggest new possibilities for reform. [ABSTRACT FROM AUTHOR]

The article discusses the association of the European Commission's Better Regulation (BR) policy with democratic lawmaking governance. It examines the potential of BR instruments to counterbalance democratic deficit problems. Meanwhile, it explores the continuous transformation of democracy and its two elements which remained the same through the years.

The article discusses the notion of services of general economic interest which is associated to various activities from the large network industries particularly in Europe. It examines related concepts to services of general economic interest, such as the concept of universal service, and the relation of these services to Community institutions and the Member States. It also analyzes the limitations on the provision of these services, and the difference of these services to other services.

The article presents information on the regulation of the common administrative procedure by the European Union law with reference to the Article 298 of the Treaty on the Functioning of the European Union (TFEU). The principles of the Article focus on an independent and efficient European administration. Information on the role of the administrative law regarding the human rights, the right to access documents and the protection of personal data is also presented.

The article examines the scope of applicability of the more refined economic approach in the state aid assessment of services of general economic interest (SGEI). It states that since the presentation of the European Commission's State Aid Action Plan (SAAP), there is a shift towards a more focused state aid policy. It points out that limiting the realm of the application of the more refined economic approach to Article 107(3) TFEU creates inconsistency in the state aid assessment.

The article explores the legal framework of the provisions of the Treaty of Lisbon on democratic principles in Europe. It offers legal analysis of the principles of participatory democracy as well as the rules governing citizens' initiative, civil dialogue, and external consultations. Further, it indicates the strategies of the Lisbon Treaty to strengthen its democratic legitimacy and to organize civil society in European governance.

This article traces the development of the recent constitutional reform process in the EU. It considers in the first part the factors that led to the establishment of the Convention on the Future of Europe and the broadening of the original questions laid down in the Nice Treaty. The focus in the second part shifts to the Convention itself, and the article identifies the key stages in the Convention proceedings. The final part of the article addresses the JUC held from autumn 2003 till summer 2004, and analyses the initial failure to agree, followed by subsequent agreement on the Constitutional Treaty. [ABSTRACT FROM AUTHOR]

There is growing attention in legal scholarship for global administrative law and the changing nature of public law in general. Still, few authors have bridged the gap between hybrid global administrative bodies, which often construe soft law norms, and nation states, which increasingly make these norms binding and enforceable in the national legal order. The question arises as to how soft law norms are made binding and enforceable within nation states after they were drafted by hybrid global administrative bodies. The manner in which the Flemish federated entity in Belgium incorporates the World Anti-Doping Agency's norms represents an instructive case study to formulate a tentative response to this research question. The World Anti-Doping Agency is an example of a global hybrid actor that was founded and continues to exist through the partnership between governments and private (sports) organizations. The article first shows that national legislation may be a necessary method to transpose hybrid global norms in the national legal order. Second - out of at least three techniques to adopt legislation (reception, delegation and dynamic referral) - the latter technique could represent the compromise between efficiency and constitutionality. However, the dynamic referral technique is equally limited by constitutional law and the European Convention on Human Rights. The article concludes with a number of recommendations for national legislatures or executives when they refer dynamically to hybrid global norms as a technique of modern public lawmaking. [ABSTRACT FROM AUTHOR]

This contribution centres on the legal position of private parties ('VAT entrepreneurs') who are tasked with the collection of Value Added Tax (VAT) on behalf of the public authorities. The author discusses the main characteristics of the EU VAT system, and concludes that the VAT entrepreneurs do not have at their disposal any of the investigative competences that traditional fiscal public bodies such as the tax authorities enjoy (e.g. the possibility of instigating tax audits). As such, they are exposed to the risk of not having sufficient information to apply VAT to their transactions in line with the legal requirements - potentially leading to double taxation, non-taxation, and other adversities. The central research aim of this contribution is to establish whether VAT entrepreneurs should, with regard to their 'public' function as unpaid tax collectors, enjoy information procurement prerogatives similar to those enjoyed by conventional tax authorities. To that end, the author explores various options to reinforce the information procurement capabilities of VAT entrepreneurs. [ABSTRACT FROM AUTHOR]

This article focuses on reform efforts at the national and European level to lessen the influence of the Strasbourg Court's case law. The article aims to determine to what extent this strategy will be successful. On the one hand, two reform proposals to shield the influence of the European Court of Human Rights (ECtHR) through changing the dynamics at the national level are examined, namely the pending proposal to replace the Human Rights Act 1998 (HRA) with a home-grown Bill of Rights and the pending proposal in the Netherlands to extend the ban of judicial review to international treaties. The UK reform proposal is the most likely to come into being. The Dutch reform proposal should instead be interpreted as a warning shot, since it is very unlikely to pass. Irrespective, this reform proposal would be a successful, albeit very drastic, measure to reduce the influence of the Strasbourg Court. On the other hand, current efforts to reform the European level of rights protection are analysed with an emphasis on reform proposals pressing the need for more subsidiarity and a broader margin of appreciation. These efforts resulted in Protocol 15, which has the ability to lessen the influence of the Strasbourg Court, although the Court has plenty of tools available to not let Protocol 15 result in lessening of its influence. [ABSTRACT FROM AUTHOR]

The article offers information on the objectivity of supportive principle of constitutionalism and democracy in the European Union as defined by the German sociologist Max Weber. Topics discussed include analysis of relationship between religion, politics and law, issue of secularization and principle of respect of national identity under the Treaty of Lisbon.

The article discusses the onset of violent incidents like revolution and war with the making of a new constitution in Europe. It informs that the Grand Duchy of Luxembourg is currently engaged in a process of constitution making in compliance with the revision procedure established by the existent document. It also informs that the constitution of the Grand Duchy is undergoing a revision aiming at a general overhaul.

The article discusses the Solvency II Reform Project to revise the insurance supervisory law in Europe. It highlights the status quo of the project which is enacted by applying the Lamfalussy Process, a method for the development of regulations which subdivides the rule setting process into four levels of which each level focuses on a stage of the implementation of legislation. It also examines the application of the Solvency II provisions.

The article presents information on the integration of the European Union with respect to the Parliament and the role of the parliamentarians of France. The integration of Europe affects the national institutions and also affects the policy making and governance in the domestic arena. Information on the role of the national governments and the courts of the countries regarding the integration is also presented.

The article presents information on the constitutional issues due to the coalition of the government of Great Britain with respect to the elections to the House of Commons and the formation of the House of Lords. The constitutional reforms of Great Britain are based on coherent principles. Information on the relationship between the Great Britain and Europe with respect to the European Convention on Human Rights and the European Union is also presented.

The article presents information on the principle of subsidiarity in the European Union with reference to the role of the regional parliaments of Europe especially the Parliament of Spain regarding the monitoring of the compliance with subsidiarity. The involvement of the European regions is limited in the decision making process of the European Union. Information on the impact of the decentralization in the government of the European countries on their legal status is also presented.

The article presents information on the development and changes brought in the administrative law of Europe with reference to the implementation of the European Union law and the Treaty of Lisbon. The shaping of the administrative law of Europe was by the European Court of Justice for the purpose of the creating laws common to the Member-states and their constitutional traditions. Information on the evolution and the actual status of the European administrative law is also presented.

The article presents information on market regulation and the influence of European Union (EU) law in it. A focus is on competition and liberalization of the markets and the role of regulatory authorities in monitoring these processes. The implementation and enforcement of rules and the impact of EU law in the procedures and operation of regulatory authorities. The complexity of European law in national level and European networks and regulatory authorities with European powers are focused.

The article presents information on the European Research Council and the agency designing activities of the European Union (EU) legislation. The possible procedural and structural arrangements of the EU agencies are studied with reference to the European Research Council (ERC). Many controversies have risen related to accountability and independence of such agencies. A suggestion is provided for changing the architecture and legal status of ERC.

The article focuses on the cooperation in the public administrations of Europe and its role in the governance of European Union (EU). This cooperation in national authorities has helped in protecting individuals against misapplications of EU laws. Such developed administrative practices and has now become consistent throughout Europe. The principle of decision-making and administrative cooperation, the legal problems and the non-cooperation in national public authorities are also focused.

The article presents information on the role of the European Anti-fraud Office (OLAF) in European Union (EU). The task of OLAF is to investigate the fraud in the financial interests of the European Commission. The operations of OLAF, the deficiency in its operation and the cooperation provided by the EU institutions and other national authorities are focused. Suggestions for policies necessary for optimizing the future operations of OLAF are also provided.

The article presents information on the effect of the Lisbon Treaty on the European Union (EU) law and the changes made in the imposition of financial sanctions on its member states for breach of the EU law. The new provisions and policy by the European Commission and its backgrounds are discussed in detail. The role of European Court of Justice in this issue is focused along with providing recommendations on the effective use of the new provisions.

The article discusses the potential impact of European institutions' dependence on ex ante evaluation mechanisms of proposed legislation. It mentions that the ex ante evaluation tool was adopted by the European Union (EU) to serve as a guide to legislators, parties, and courts about the effects of new legislation. It concludes that the tool might be helpful on few instances such as meeting of minds between the EU legislature and judiciary.

The article discusses the potential use of experimental legislation to address the difficulties of the Better Regulation (BR) policy. It examines the extent in which principles of equality and legal certainty can stand following the adoption of experimental legislation in the European Union's (EU) policy. It concludes the benefits of experimentation, but it discouraged the reliance of political action upon such approach alone.

The article discusses the decision of the European Commission to include consultation procedures in the impact assessment (IA) requirements in Europe. It examines the impact of IA and consultation on each other. Meanwhile, it notes the ways to develop a strong legal consultation through social and institutional processes.

The article discusses the significant contribution of the appeal and judicial review of the European Union (EU) Courts on the Better Regulation (BR) policies. It examines the manner in which the courts evaluated legislation before and after the Lisbon Treaty. Meanwhile, it explores the changes on the judicial review in the U.S. under the Administrative Procedure Act.

The article discusses the increasing attention paid on lawmaking and the guidance that lawmakers need to implement efficient and functional laws. It mentions that the call for better regulation emerged due to demanding and more detailed policy frameworks. Meanwhile, it explores the dissemination of Better Regulation (BR) policies in Europe in 2011.

The article discusses the court case of Janko Rottman v. Freistaat Bayern about the acquisition and loss of nationality in Europe. It offers an overview about the case and the potential use of its ruling on other citizenship lawsuits. It also analyzes the impact of fraudulent activity on the concept of European citizenship.

The article discusses and explores the role of the European Ombudsman (EO) in the development of norms of good administration in Europe. According to the author, the EO has the responsibility in developing ethical standards of good administration. It also explores the aspects of the European code of good administration, which takes account of the principles of the European administrative law of the Court of Justice.

The article discusses the role of cultural assumptions concerning religion and secularism in examining the case law of the European Court of Human Rights (ECtHR) in Europe. It explores the diversity of State-religion relations and the place of Islam in countries like France, Turkey and Greece. It highlights Article 9 of the European Convention on Human Rights (ECHR) which protects the freedom of conscience, thought and religion.

The article discusses the impact of European Court of Human Rights (ECtHR) jurisprudence and its domestic implementation in promoting the rights of immigrants and shelter seekers in Europe. It outlines the comparison of the evolution and condition of ECtHR judgments relative to the issues on immigration and asylum in the region. It examines the challenges faced by European Union Member States in dealing concerns on state sovereignty and the human rights of non-nationals.

The article examines the role, work and functioning of the Polish Senate's European Union (EU) Affairs Committee in European integration. It mentions the acts that regulate the powers of the Senate's Committee to inspect the legislation which include the Cooperation Act of on March 11, 2004 and the Rules and Regulations of the Senate. It states that the Cooperation Act puts the Senate's EU Affairs Committee in a position of influence counterpart to the Polish government in EU matters.

The article presents an analysis on the impact of harmonization of asylum procedures to the inquisitorial forms of procedure in Europe. It examines the harmonizing initiatives by the Common European Asylum Procedure (CEAS). It is argued that harmonizing rules ignore the differences in procedural traditions and practices in the implementation of asylum policies.

The article provides information on the Werner Mangold case and its relevance in legal militancy. According to the author, the court's ruling presents two essential and practical aspects as well as suggests crucial issues concerning on the rights bestowed to European citizens to carried out their rights in the national courts. The author adds that base on the perspectives of legal militancy the case encourages groups to establish situations that challenges domestic legislation.

The article examines the link between civic citizenship and migrant integration in Europe. The restrictive membership criteria found within the Long-Term Residents Directive emphasizes issues on the inclusive character of civic citizenship. The Court of Justice has used principles of equality and solidarity to construct a more elaborate concept of Union citizenship which reduces the discretion for individual Member States to confer privileges that are exclusively reserved to domestic nationals.

The article examines developments in National Parliaments citing its involvement in ordinary foreign policy and European policy specifically in Denmark. The Treaty on a Constitution for Europe reflects the increased significance of national Parliaments. The development in Denmark is explained partly as a process of demolition of the Prerogative and partly as a process of demolition of the Greek Temple Structure of the European cooperation.

The article offers information on the European Union (EU) Act of 2002, which was enacted to ensure greater analysis of the legislation of the Union by the Houses of the Oireachtas. It states that the subject of far-reaching reform at European level in the Draft Constitutional Treaty is parliamentary scrutiny. It mentions that under the Act, Ministers are expected to co-operate with the scrutiny.

The Council of Europe Convention for the Prevention of Terrorism represents something of a change of focus when compared with existing international counter-terrorist conventions. Whereas most existing measures focus on manifestations of terrorism such as bombing or hijacking, this new convention seeks to address behaviour which facilitates, or perhaps provokes such acts. This is principally addressed by defining three new offences in international law of ‘public provocation to commit terrorist offences’ and recruitment and training for terrorism. This article examines the policy process leading to the adoption of this preventative focus and considers the rather conservative approach which the Convention adopts to defining ‘terrorism’. The article then proceeds to analyse the new offences which the Convention defines. Particular attention is devoted to considering the new offence of public provocation to commit terrorist offences which contemplates both direct and indirect forms of incitement. The precise terms of the offence aroused considerable debate during the negotiations and the article examines whether the final version draws an acceptable balance between the desire to meet concerns about incitement to and glorification of ‘terrorism’ on the one hand, and the right to freedom of expression in respect of matters of political controversy, on the other. [ABSTRACT FROM AUTHOR]

The article focuses on the establishment of Office Europeen de Lutte Anti-Fraude (OLAF), a European Anti-Fraud Office, to investigate European Union institutions and employees for the purpose of determining corruption. OLAF has given an extraordinary powers to protect and counter the problem of fraud in the European Union. However, the Court of Auditors observed that reassessment of the court to the community investigation of OLAF as a final step in the investigative process is important.

In the field of administrative law, the principle of good administration is at once a long-standing idea and a ground-breaking one. Its specific content has gradually been nurtured within the framework of the long-established concept of user protection (A) and this principle, enshrined and elaborated on in various instruments and European case-law, now stands as one of the cornerstones of modern administrative law (B). The following observations centre on these two points. They are based not on any one body of national administrative law, but rather on a general European model which is essentially a distillation of the rules of administrative law commonly accepted in Council of Europe States, as cited in The Administration and You-A Handbook.² [ABSTRACT FROM AUTHOR]

The European principle of subsidiarity is concerned with the functioning of democracy. ¹ It seeks to ensure that decisions are taken as close to those affected by the power as is practicable. The Draft Constitution contains some changes designed to strengthen the operation of subsidiarity, in particular a new Protocol which will enable national parliaments to issue `reasoned opinions' against measures they believe run contrary to the principle. When the number of reasoned opinions passes a threshold, determined by the Protocol, the Commission must re-think its legislative proposal. This article will claim that whilst the changes in the Draft Constitution are a step in the right direction, they do not go far enough. In particular, it will be argued that the basis for the `reasoned opinions' in the Protocol should not be confined to subsidiarity, and, further, if sufficient national legislatures object the legislative proposal should be withdrawn rather than just reconsidered. [ABSTRACT FROM AUTHOR]

The proposed European Constitution reinforces the Union's commitment to human rights. It incorporates the Charter of Fundamental Rights and Freedoms, moving from an indirect to a direct protection of rights.¹ The proposal to seek accession to the European Convention of Human Rights (ECHR) reinforces the commitment of the institutions of the Union to abide by human rights, with added international responsibility if these standards are not met.² Human rights are no longer on the periphery, but have moved to centre stage. However, it may be argued that the Constitution is only one step towards providing the human rights protection needed by Community law. The Charter and the Constitution are not designed to remedy the traditional criticisms of human rights protection provided by Community law: the lack of clarity regarding the scope and nature of the protection of rights; a minimal as opposed to a maximal protection of rights and the ineffective legal mechanisms with which rights are enforced and protected. Should Community law be doing more to protect human rights? The article will argue that further protection is not needed. This is because the traditional criticisms of the protection of human rights by Community law are over-stated, having been largely remedied by recent case law developments and the Constitution. Those criticisms that remain are explained by the constitutional limits of Community law, in particular the constitutional position of the Community courts .³ A stronger protection of human rights is neither necessary nor desirable. [ABSTRACT FROM AUTHOR]

It is as if Frodo's mission had failed. The ring of power has not been destroyed. In the international relations arena we are confronted with a new emergence of Vulcans. Empire's drums are beaten again; its dreams are our nightmares. Before this dramatic change of world affairs the recent draft of a constitution for Europe is called to play a role which it was not previously thought to assume. However, a few of its provisions clearly reflect that shift off Zeitgeist and international relations' paradigms. Of the relationship between Zeitgeist and gentle European supranationalism the article tries to give a short and somewhat idiosyncratic aperçu. [ABSTRACT FROM AUTHOR]

Public service broadcasting is still widely supported in the European Union, despite technological developments which are now offering a challenge to many of the traditional justifications offered for the support of the concept. This article aims to demonstrate that public service broadcasting, along with associated measures designed to support high standards of quality in other broadcasting services, are still very important in the modern context due to the media's pivotal role in society. An analysis of the impact of `European public law' which, in this context, is primarily restricted to the law on the freedom to provide services and the associated effects of the `Television Without Frontiers' Directive and the law relating to state aids, aims to highlight the impact which European Public Law has had on media regulation. Some of the more recent developments, such as the European Court of Justice's decision in Ferring and Aitmark, along with the Commission's corresponding change in attitude to state funding of public service broadcasting, are welcomed. The Court's more recent decisions taken under the freedom to provide services are questioned more closely, as it appears that these measures can be said to have had a more significant impact upon the traditions of media regulation within Member State constitutions. [ABSTRACT FROM AUTHOR]

The precautionary principle was first spelled out, at the EC level, in the field of environmental protection by the Maastricht Treaty. The ECJ dealt with some issues relating to a precautionary approach since 1994, in particular after the BSE cases. It was nevertheless in Pfizer that the CFI effected a remarkable systematisation of all the main constituents of the precautionary principle and of its conditions of application. This article summarizes the main findings of the Court in that judgment and compares it with further rulings. It emphasises the need to respect procedural requirements and the principle of proportionality before adopting preventive measures for the protection of human health in conditions of scientific uncertainty. [ABSTRACT FROM AUTHOR]

Reports on the election of Jacob Söderman to the post of the European Ombudsman (EO) following the establishment of the office by the Treaty of Maastricht in 1995. Characteristics of the nature and function of the office; Source of controversy concerning the functions of the EO; Discussion of the origins and variations of the ombudsman institution.

Examines the content, implications and some difficulties raised by the Draft Constitution for the European Union. Favourable reaction of the UK Government to make a constitution for Europe.

This article evaluates how sector specific regulation and competition law, in particular merger control, have influenced the evolution of digital broadcasting markets in Europe. Recent developments in the Spanish market are examined, as they illustrate well what are the principal challenges faced by public authorities when intervening in rapidly changing markets. The crucial and often controversial issue of market definition is discussed in greater detail. Finally, a general reflection on how competition law fails to address non-economic considerations that specifically apply to the media, such as the protection of pluralism, is presented. "Why war and revolution occur we do not know. We only know that to produce the one or the other action, people combine in a certain formation in which they all take part, and we say that this is so because it is unthinkable otherwise, or in other words that it is a law." (Lev Tolstoy, War and Peace, 1869) [ABSTRACT FROM AUTHOR]