ACHIEVEMENT OF INSTITUTIONAL BALANCE IN DISPARITY OF COMPETENCES OF THE EUROPEAN
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ACHIEVEMENT OF INSTITUTIONAL BALANCE IN DISPARITY OF COMPETENCES OF THE EUROPEAN UNION INSTITUTIONS
ACHIEVEMENT OF INSTITUTIONAL BALANCE IN DISPARITY OF COMPETENCES OF THE EUROPEAN UNION INSTITUTIONS

Author(s): Ismanjanov Akbar
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: EU institutional balance; EU subsidiarity; EU intergovernmentalism and supranationalism; EU competence drift

Summary/Abstract: Post-Lisbon initiatives to address the democratic deficit that attempted to reach greater institutional balance was not synchronous with overall legal framework, and coexistent with the provisions that are reminiscent of the diminished role of the European Parliament in the past. Fostered intergovernmental drift lead to the weakening of the Commission vis-à-vis the Council and the European Parliament. Progressive loss of supranationalism tends to shift to another end of this process, entailing the deminishing the viability of the union and its integrative role. This is specially detrimental at the time of challenges to the unity and principles of the union which necessitate reinstating the stronger role of the Commission. This can be done by providing the right of legislative initiative to the Parliament, preventing it from further encroachment to the competences of Commission, and by integration of the Council. Integration of the Council formed of executives with the executive Commission allowing to reach traditional separation of powers and potentially mitigate the union’s intergovernmental drift.

  • Issue Year: 16/2017
  • Issue No: 1
  • Page Range: 58-73
  • Page Count: 16
  • Language: English