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Parental Child Abductions to Third Countries
Cross-border parental child abductions in the EU are governed by The 1980 Hague Convention on the Civil Aspects of International Child Abduction and (except for Denmark) the Brussels II-ter Regulation. Countries outside of the EU may or may not be Contracting States to ‘the Convention’, but will not be bound by Brussels II-ter. Research has found that the often negative, long-lasting impact of abduction may continue throughout the lifecycle of those who have been abducted. It may also affect future ...
The Role of the European Council in the EU Constitutional Structure
This study examines the evolving role of the European Council in the EU’s constitutional structure. As the study demonstrates, the increasing tendency of the European Council to instruct other EU institutions and its limited accountability have established an increasing gap between its de jure role under the EU Treaties and its de facto power in the larger system of EU governance. This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs ...
The European Parliament: electoral procedures
The procedures for electing the European Parliament are governed both by European legislation laying down rules common to all Member States and by specific national provisions, which vary from one state to another. The common provisions lay down the principle of proportional representation, rules on thresholds and certain incompatibilities with the Member of the European Parliament mandate. Many other important matters, such as the exact electoral system used and the number of constituencies, are ...
Policy Departments’ Monthly Highlights February 2024
Developments up to the Single European Act
The main developments of the early Treaties are related to the creation of Community own resources, the reinforcement of the budgetary powers of Parliament, election of MEPs by direct universal suffrage and the setting-up of the European Monetary System (EMS). The entry into force of the Single European Act in 1986, which substantially altered the Treaty of Rome, bolstered the notion of integration by creating a large internal market.
Competences of the Court of Justice of the European Union
This fact sheet describes the competences of the Court of Justice of the European Union (CJEU), which consists of two courts, the Court of Justice proper and the General Court, and offers various means of redress, as laid down in Article 19 of the Treaty on European Union (TEU), Articles 251-281 of the Treaty on the Functioning of the European Union (TFEU), Article 136 Euratom, and Protocol No 3 annexed to the Treaties on the Statute of the Court of Justice of the European Union.
The principle of subsidiarity
In areas in which the European Union does not have exclusive competence, the principle of subsidiarity, laid down in the Treaty on European Union, defines the circumstances in which it is preferable for action to be taken by the Union, rather than the Member States.
Sources and scope of European Union law
The European Union has legal personality and as such its own legal order which is separate from international law. Furthermore, EU law has direct or indirect effect on the laws of its Member States and becomes part of the legal system of each Member State. The European Union is in itself a source of law. The legal order is usually divided into primary legislation (the Treaties and general legal principles), secondary legislation (based on the Treaties) and supplementary law.
European Parliament: relations with the national parliaments
Moves towards closer European integration have altered the role of the national parliaments. A number of instruments for cooperation between the European Parliament and the national parliaments have been introduced with a view to guaranteeing effective democratic scrutiny of European legislation at all levels. This trend has been reinforced by provisions introduced by the Lisbon Treaty.
The European Commission
The Commission is the EU institution that has the monopoly on legislative initiative and important executive powers in policies such as competition and external trade. It is the principal executive body of the European Union and is formed by a College of members composed of one Commissioner per Member State. The Commission oversees the application of Union law and respect for the Treaties by the Member States; it also chairs the committees responsible for the implementation of EU law. The former ...