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Article 122 of the Treaty on Functioning of the European Union (TFEU) provides for two legal bases, enabling the Council to adopt measures based on a European Commission proposal, without involving the European Parliament in any way. Article 122(1) addresses economic difficulties faced by Member States, and Article 122(2) specifically addresses financial assistance to Member States. It is understood that the Council may resort to Article 122 TFEU in exceptional circumstances. A recent example of ...

The Constitution of the Republic of Poland, in force since 1997, sets out a unitary, democratic state ruled by law and implementing the principles of social justice. The President of the Republic and the Council of Ministers (government) serve as the executive, while the Sejm (lower house) and the Senate (upper house) are vested with legislative power (Article 10). The Senate is considered a repository of democratic legitimacy on an equal footing with the Sejm, but the dominance of the Sejm in the ...

This in-depth analysis offers a systematic overview of the case law of the European Court of Human Rights in Strasbourg and the European Court of Justice in Luxembourg laying down common minimum standards of judicial independence in Europe. The judgments are discussed according to subject matter, with a particular focus on the most recent judicial decisions handed down in the past 5 years.

Michael McGrath (born in 1976), is an Irish politician, a member of the Fianna Fáil party, which belongs to the Renew Europe group in the European Parliament. He holds a bachelor's degree in commerce from University College Cork (1997). Most recently, he was minister for finance (2022-2024) and before that, minister for public expenditure and reform (2020-2022). McGrath has been a member of the lower house of the Irish Parliament (the Oireachtas) for the Cork South-Central constituency since 2007 ...

The European Parliament has come a long way since its inception in 1951. Initially a consultative body composed of delegations of national parliaments, it has become a directly elected institution, has obtained budgetary and legislative powers, and now exercises influence over most aspects of EU affairs. Together with representatives of national governments, who sit in the Council, Parliament co-decides on European legislation, in what could be seen as a bicameral legislature at EU level. This publication ...

The European Parliament's new Rules of Procedure entered into force on 16 July 2024 – the first day of Parliament's 10th term. The 'Parliament 2024' reforms sought primarily to streamline legislative procedures, enhance budgetary control and improve scrutiny of the Commission. The reforms have tackled conflicts of committee competences to expedite the attribution of files to committees. To address cases of cross-cutting issues falling within the competence of more than three committees, the Conference ...

Sixty years ago, the European Court of Justice (ECJ) ruled on the conflict between a rule of Community law, part of the Treaty establishing the European Economic Community (EEC) ('EEC Treaty'), and a subsequent rule of national law, part of a legislative act adopted by a Member State parliament. The ECJ ruled that such a conflict should be resolved in line with the primacy of EU law principle that national courts must apply. The Costa v Enel case concerned an Italian nationalisation law, which created ...

The roles of the EU institutions in negotiating and concluding international agreements, and the procedural steps, are set out in the Treaty on the Functioning of the European Union. The European Parliament's role corresponds to its law-making competences under the Treaties. If an international agreement falls exclusively under common and foreign security policy (CFSP), Parliament has no active role, but must still be informed at all stages by the Council, the European Commission or the High Representative ...

The European Parliament has consistently advocated for the creation of an EU-wide legal framework for non-profit and not-for-profit entities operating within the EU. In 2013, it called for the adoption of common EU rules for mutual societies, and made a similar call in 2018 for social and solidarity-based enterprises. In February 2022, it adopted a resolution on cross-border associations and non profit organisations, urging the European Commission to propose a regulation establishing a statute for ...

Judicial independence is one of the key components of the rule of law. It is enshrined in Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms, which states explicitly that 'everyone is entitled to a fair and public hearing ... by an independent and impartial tribunal established by law'. Article 6(3) of the Treaty on European Union considers the fundamental rights, as guaranteed by the European Convention, to be general principles of EU law. Against this backdrop, the ...