60 Ideas for Europe

Archives for Justice

With the Lisbon Treaty the status of the Charter finally becomes a legally binding document, which means that citizens may invoke it before national courts. The rights to good administration, effective remedy and fair trial can help encourage speedier and more efficient extrajudicial and judicial remedies for breaches of EU laws.

Posted by EMI

The current legislation relating to European companies is woefully inadequate. After many years of effort and waiting, we have only managed to come up with the anaemic Regulation 2157/2001 and Directive 2001/86/CE. These are a mish-mash of different national laws with a superficial nod to EU-wide themes. Under the pretentious title of Societas Europaea we… » read more

Posted by EMI

We need to arrive at a better definition of the ECJ. It beggars belief that since the TEC back in 1957 until now (Art 19 TEU Lisbon), we have granted the following limited range of action to the ECJ: “It shall ensure that in the interpretation and application of the Treaties the law is observed.”.… » read more

Posted by EMI

It is a matter of urgency to approve EU Regulations (or as we propose to call them, EU Laws) for the effective implementation of EUROJUST, provided for in Art. 85 TFEU. In this way, we can achieve immediate coordination to deal with trans-national crime.

Posted by EMI

The EMI will always be opposed to the principle of parity between the number of members of the institutions on the one hand, and the number of Member States on the other. The only exception to this is the European Council and the Council itself. For this reason, the EMI opposes Art. 19.2 (TEU Lisbon),… » read more

Posted by EMI

We cannot carry on with the situation whereby the different Member States by means of the COREPER interfere in the execution of EU law, as is permitted in Art. 240.1 TFEU. The COREPER must have a merely consultative function whose aim is to bring about the optimum execution of the law, taking into account the… » read more

Posted by EMI

The range of inquiries to be carried out by the Ombudsman, which are detailed in Art. 228 TFEU, must be extended to include the public administrations in all the Member States. The current situation, whereby the Ombudsman’s field of action is limited to the EU institutions, is not satisfactory. The differences between the public administrations… » read more

Posted by EMI

Cases arising under The Right to Address (Art 227 TFEU) must be dealt with in a coordinated way which avoids any duplication of work between committees of inquiry and the European Ombudsman. Once each individual case has been accepted for consideration by the Parliament, it must be dealt with either by a committee of inquiry… » read more

Posted by EMI

We must recover the terminology used in the Draft Constitutional Treaty (Arts. I.32-I.38) to describe the sources of EU Law: “European laws, European framework laws, European regulations, European decisions, recommendations and opinions.” Fruit of a most regrettably regressive turn of mind, the Lisbon Treaty goes back to the old system of sources contained in the… » read more

Posted by EMI