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Sunday, March 24, 2019

Better Law Making Essay -- essays research papers

COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 5.6.2002 COM(2002) 275 final discourse FROM THE COMMISSION European Governance Better lawmaking . ..2 Accountability, effectiveness, symmetricalness In July 2001, the Commission presented its White Paper on European Governance. The base message was a simple one and is as topical like a shot as it was then we need to govern ourselves erupt, together European institutions and division States. We provoke do this without changing the Treaty, without necessarily wait ing for the successful answer of a new intergovernmental conference. Better system together means dynamic cooperation between the European Parliament, the Council, the Commission and the nat ional governments so that the people of Europe can see much intelligibly how they fit into major projects and into the EUs day-to-day business. angiotensin converting enzyme thing we have to acknowledge is the richness of the Community method. Comp atomic number 18d wit h oth er systems of internat ional relat ions, it produces rules which can be applied in any nat ional context and which have the backing of legal certainty. But this very success raises hike questions. There are a lot of complex issues at endanger now in enacting good European legislat ion which is mindful of the principles of subsidiarit y and proportionalit y. battalion nowadays take an interest in the effectiveness of the rules handed bolt down "from Brussels" and the mode they are drawn up. The advent of a antiauthoritarian conscience is strengthening the need for accountability and proportionality in the way powers vested in the European inst itutions are exercised. This need is expressed more(prenominal) especially in transparency, clarity and the willingness to stand up to scrutiny. What we have here, then, is a veritable ethical requirement. The resolut ion adopted by the European Parliament in November 2001 in the wake of the Kaufmann report strengthens this requ irement still further. By clearly stressing the primacy of polit ical accountabilit y behind legislat ive act ion, the resolution brings out the need for more transparent, equitable and disputational consultat ion it is the very qualit y of the legislat ion which is under scrutiny. Three communications for better lawmaking Inspired by this resolution and by the init ial react ions during the consultat ions on the White Paper concerning the "better law... ...ve is the indispensable counterpart to majorit y suffrage in the Council, in as much as the Commissions right of init iat ive guarantees live minorit y interests when it comes to defining the widely distributed interest. In tomorrows world, this balanced view of the general interest will be even more important with a view to ensuring its autonomy, and that is the very point of the action plan for better lawmaking. Similarly, the complementarit y between the inst itutions, which is at the very heart of the unique Communit y system, will mean having to consolidate this refocusing effort, as prompted by the governance reforms, and for reasons of accountability, proportionality, transparency and legal certainty. And finally, with the move towards more rationalised consultations, the systemat ic and a priori condition of the impacts the proposed legislat ion will have, we are touching on the vital quest ion of the intensit y of Communit y act ion, lying at the very heart of the balance between effect iveness and the preservat ion of diversit ies which should, according to the Laeken declarat ion, help to clarify the way powers are exercised between the EU and its Member States.

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