The holders of the legislative initiative right in the European Union  Cover Image
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Титулярите на правото на законодателна инициатива в Европейския съюз
The holders of the legislative initiative right in the European Union

Author(s): Nikolay Domanov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: According to Article 289 TFEU regulations, directives and decisions, adopted by the ordinary or a special legislative procedure constitute legislative acts. They can only be adopted on a proposal from the Commission or other bodies which execute their right of legislative initiative. The right of legislative initiative is traditionally associated with the powers of the European Commission (EC) whose unique and specific place in the overall European architecture serves as a guarantee of its independence and of the quality of its legislative proposals. Although establishing a monopoly in favour of EC, the Treaty of Lisbon also introduces a number of factual and legal restrictions to this monopoly. The latter are related to the possibility of a wide range of actors (bodies and institutions) to initiate the adoption of Union Acts. As such, the number of subjects holding the right to initiate legislation in EU proves to be considerably high. An adequate analysis of the right of legislative initiative would require careful consideration not only of its legal nature, but also of its historical development within the changes in the EU Treaties. In such a way one could make an informed judgment who the holders of the right of legislative initiative in the EU are and how they exercise their right.

  • Issue Year: LIV/2013
  • Issue No: 4
  • Page Range: 76-98
  • Page Count: 23
  • Language: Bulgarian