14

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Art der Veröffentlichung
Politikbereich
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Appointment of US Supreme Court Justices

23-05-2016

In February 2016, Supreme Court Justice Antonin Scalia passed away, vacating a position on America’s highest court. That quickly focused American political discussion, in the midst of a heated Presidential campaigning season, on his possible replacement. The appointment of Supreme Court Justices is broadly depicted in Article II of the US Constitution as a process in which the President chooses a candidate but the Senate provides its 'advice and consent' on the nominee. The Republican-controlled ...

In February 2016, Supreme Court Justice Antonin Scalia passed away, vacating a position on America’s highest court. That quickly focused American political discussion, in the midst of a heated Presidential campaigning season, on his possible replacement. The appointment of Supreme Court Justices is broadly depicted in Article II of the US Constitution as a process in which the President chooses a candidate but the Senate provides its 'advice and consent' on the nominee. The Republican-controlled Senate argued that President Obama should leave the nomination process to the next US President. Obama, meanwhile, affirmed his intention to fulfil his constitutional duty, and indeed on 16 March he put forward a nominee. The debate reflects an appointment process that is to a certain extent a bargain between the executive and legislative branches, framed by Constitutional norms and political considerations. From a procedural point of view, the process can be divided into two stages, the initial nomination phase, for the executive, and the subsequent confirmation phase, dominated by the legislative. Although the President maintains considerable discretion in choosing a candidate, many issues are taken into consideration before he or she submits the formal nomination. Some factors include the nominee’s professional competence and political affiliation, and the overall balance of the nine-member court in terms of the geographic, socio-ethnic, or religious backgrounds of the justices. Once the nominee is formally submitted to the Senate, the Judiciary Committee vets the nominee and organises public hearings. The Committee scrutinises the nominee's background closely, asking them to provide extensive professional and personal records which may support or cast doubt on his or her ultimate confirmation. After recommendation by the Judiciary Committee, the full Senate debates and ultimately votes on the nominee's confirmation.

Preparing a Harmonized Maternity Leave for Members of the European Parliament - Legal Analysis

20-04-2016

Upon request by the FEMM Committee, the Policy Department has examined the Member States' different national legislations for maternity or parental leave for national members of Parliament. Furthermore, the rules concerning absence and leave for Members of the European Parliament have also been explored. The overview of the European and national rules provide insights in the different ways how maternity or parental leave is regulated for members of parliament at both levels. It concludes that the ...

Upon request by the FEMM Committee, the Policy Department has examined the Member States' different national legislations for maternity or parental leave for national members of Parliament. Furthermore, the rules concerning absence and leave for Members of the European Parliament have also been explored. The overview of the European and national rules provide insights in the different ways how maternity or parental leave is regulated for members of parliament at both levels. It concludes that the provisions of the European Electoral Act prohibit presently the introduction of rules for maternity or parental leave with a possibility of temporary replacement for MEPs.

Parliamentary Immunity in Poland

25-09-2015

Upon request by the JURI Committee, this in-depth analysis examines the immunity of Polish parliamentarians, i.e. Deputies to the Sejm and Senators. It describes forms of immunity, their scopes, taking into account the jurisprudence of the Polish Supreme Court and the Polish Constitutional Tribunal, as well as parliamentary procedures regarding waiving or defending the immunities. It also includes a description of legal and practical problems related to an ordinary application of immunity rules. ...

Upon request by the JURI Committee, this in-depth analysis examines the immunity of Polish parliamentarians, i.e. Deputies to the Sejm and Senators. It describes forms of immunity, their scopes, taking into account the jurisprudence of the Polish Supreme Court and the Polish Constitutional Tribunal, as well as parliamentary procedures regarding waiving or defending the immunities. It also includes a description of legal and practical problems related to an ordinary application of immunity rules.

Externe Autor

Piotr CHYBALSKI

Scrutiny of Declarations of Financial Interests in National Legislatures

15-09-2015

This study aims to provide insights into the implementation and enforcement of integrity regimes as applied to members of legislatures. The specific focus is on comparing the application of the Code of Conduct of Members of the European Parliament with similar integrity frameworks in the European Union Member States. In general terms the Code of Conduct is considered well aligned with good practice approaches. However, potential for further enhancements exists with regard to the Code’s integrity ...

This study aims to provide insights into the implementation and enforcement of integrity regimes as applied to members of legislatures. The specific focus is on comparing the application of the Code of Conduct of Members of the European Parliament with similar integrity frameworks in the European Union Member States. In general terms the Code of Conduct is considered well aligned with good practice approaches. However, potential for further enhancements exists with regard to the Code’s integrity requirements, guidance, monitoring, sanctioning and reporting.

Externe Autor

Blomeyer & Sanz (Spain)

Reviewing the rules for written declarations

07-12-2012

The European Parliament's rules of procedure regulating written declarations are under review. Written declarations are a way for Members of the European Parliament (MEPs) to initiate or reintroduce parliamentary discussion on a matter of common concern.

The European Parliament's rules of procedure regulating written declarations are under review. Written declarations are a way for Members of the European Parliament (MEPs) to initiate or reintroduce parliamentary discussion on a matter of common concern.

Written Declarations in the European Parliament - A Review of Process and Impact

15-12-2011

This comparative review examines the procedure and outcome of the European Parliament's Written Declarations, pursuant to Rule 123 of its Rules of Procedure. Moreover, it inspects the provisions of other national and international parliaments with a view to identify similar procedures and their particularities. Some tentative conclusions are drawn with respect to a possible update of Parliament's rules.

This comparative review examines the procedure and outcome of the European Parliament's Written Declarations, pursuant to Rule 123 of its Rules of Procedure. Moreover, it inspects the provisions of other national and international parliaments with a view to identify similar procedures and their particularities. Some tentative conclusions are drawn with respect to a possible update of Parliament's rules.

Parliamentary committees of inquiry in national systems: a comparative survey of EU Member States

14-10-2011

This paper provides an update and extension of a 2007 overview of national provisions for parliamentary committees of inquiry. It concentrates on the legal framework in which these committees operate and the limits and responsibilities under which they carry out their investigations.

This paper provides an update and extension of a 2007 overview of national provisions for parliamentary committees of inquiry. It concentrates on the legal framework in which these committees operate and the limits and responsibilities under which they carry out their investigations.

Handbook on the Incompatibilities and Immunity of the Members of the European Parliament

15-06-2009

This handbook provides the Committee on Legal Affairs with a practical tool aimed at simplifying its tasks when verifying the credentials of the newly elected Members of the European Parliament, when ruling on the validity of their mandate or when considering requests for the waiver or defence of parliamentary immunity. The handbook is intended for internal use only and does not purport to be an exhaustive study on the incompatibilities and immunity of the Members. The first part of the handbook ...

This handbook provides the Committee on Legal Affairs with a practical tool aimed at simplifying its tasks when verifying the credentials of the newly elected Members of the European Parliament, when ruling on the validity of their mandate or when considering requests for the waiver or defence of parliamentary immunity. The handbook is intended for internal use only and does not purport to be an exhaustive study on the incompatibilities and immunity of the Members. The first part of the handbook briefly recalls the legal framework governing the verification of the credentials and the immunity of Members of the European Parliament. A detailed analysis of the legislative and procedural rules on the mandate of Members is available in the following studies published by the Policy Department: "Election and mandate of MEPs" and "Parliamentary immunity in the European Parliament". The second part of the handbook is composed of national reports summarising for each Member State the relevant national provisions on parliamentary immunity and on those national offices which are incompatible with the office of a Member of the European Parliament, according to Article 7(1) and (2) of the Act concerning the election of the Members of the European Parliament by direct universal suffrage. Each national report is therefore divided into two chapters. The first chapter sets out the legal provisions on the composition of national governments and parliaments, the denomination of their respective members and the date of the beginning of their term of office. The second chapter provides an overview of national rules on parliamentary immunity and identifies the national authorities which are competent to request the waiver of Members' immunity. Lastly, two annexes reproduce the lists of national authorities entitled to notify the names of newly elected Members to the European Parliament and those competent to request the waiver of a Member's immunity. Both lists have been drawn up by

Parliamentary Immunity in the European Parliament

19-07-2007

Externe Autor

Klaus Offermann

Parliamentary Immunity in the Members States of the European Union and in the European Parliament

01-07-1999

The first part contains detailed information on the parliamentary immunity systems in force in the three new Member States. The second part of the study deals with the other Member States of the Union and the European Parliament and contains the main legislative texts currently in force and in particular the relevant extracts from the constitutional texts and the rules of procedure of the parliamentary assemblies.

The first part contains detailed information on the parliamentary immunity systems in force in the three new Member States. The second part of the study deals with the other Member States of the Union and the European Parliament and contains the main legislative texts currently in force and in particular the relevant extracts from the constitutional texts and the rules of procedure of the parliamentary assemblies.

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01-10-2019
Health threats from climate change: Scientific evidence for policy-making
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