Search result: 11 articles

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Year 2019 x
Article

The New Regulation Governing AIR, VIR and Consultation

A Further Step Forward Towards ‘Better Regulation’ in Italy

Journal European Journal of Law Reform, Issue 4 2019
Keywords regulation, RIA, regulatory impact analysis, impact assessment, evaluation, consultation
Authors Victor Chimienti
AbstractAuthor's information

    This article describes the scope and contents of the newly adopted regulation governing regulatory impact analysis (RIA) and ex post evaluation of regulation (ExPER) in the Italian legal system. The article shows that this regulation has the potential to improve regulatory governance in Italy. Not only does it introduce innovations designed to increase transparency and participation, especially through strengthened consultation and communication mechanisms, but it also aims to improve the quality and effectiveness of regulatory analysis and evaluation activities. How the new regulation will be applied in practice, however, remains to be seen. In the meantime, the new set of rules are a welcome addition to Italy’s Better Regulation policy.


Victor Chimienti
Victor Chimienti is an international and EU lawyer currently working as a free-lance consultant on donor funded projects. In 1997, he graduated in Law with full marks at the University of Bari “Aldo Moro” (Italy), and, in 2006, obtained his Ph.D in International and EU Law from the same university. Meanwhile, he had attended post-graduate legal studies at LUISS University in Rome, Italy, specialising in international and EC business law. Dr. Chimienti has also served as Lecturer in International and Trade Law at the University of Foggia, Italy, and as Research Scholar in International & Comparative Law at the University of Michigan, USA. Among others, he specialises in Better Regulation tools and procedures, such as Regulatory Impact Analysis (RIA), Ex-Post Evaluation of Legislation, Monitoring, and Public Consultation.
Article

The Value of the Environment in Hungarian Municipalities

An Overview of the Legal Aspects

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords environmental regulation, environmental policy, local self-governments, local actions, environmental sustainability
Authors László Fodor
AbstractAuthor's information

    In the field of environmental policy, the principle of sustainability and local actions are becoming increasingly important (‘think globally – act locally’). In Hungary, the focus is – within the multi-level local government system – on the local governments of the municipalities. This study is part of a research project on the role of municipal local governments in Hungary. During our research, in addition to the research methods of the ‘desktop’, case studies, questionnaires, interviews and focus group interviews were used. This study presents such general conclusions that can be drawn from the partial results. It does not include the presentation of certain areas of local environmental protection (air protection, waste management, protecting the built environment etc.), it rather tries to present the attitude of local governments, their commitment to environmental protection and the circumstances affecting it. It shows that Hungarian local governments do not form a homogeneous group. Primarily due to the differing size of municipalities, local environmental conflicts and the financial resources available for their resolution differ from each other as well. However, certain circumstances – such as the low degree of environmental awareness of the Hungarian population, the decrease in the autonomy of the local governments, the effects of the economic crisis and the changes of central regulations – affect them equally. The environmental protection performance of local governments is generally lower than desired.


László Fodor
Professor of law, University of Debrecen.
Article

Conference on the Evaluation of Legislation

Report on the ‘Evaluation of Legislation’ Conference Organized by Pázmány Péter Catholic University, 3 May 2019, Budapest

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Authors Noémi Suri
Author's information

Noémi Suri
Assistant professor, Pázmány Péter Catholic University, Budapest.
Article

EUdentity – European Conference on Constitutional Identity

Report on the ‘Constitutional EUdentity 2019’ Conference Organized by the Constitutional Court of Hungary, 8 March 2019, Budapest

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Authors Attila Szabó
Author's information

Attila Szabó
Chef de cabinet, Constitutional Court of Hungary.
Article

Key Factors of the Development and Renewal of the Social Market Economy in the EU

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords Europe 2020 strategy, social market economy, eco-social market economy, social welfare systems, EU structural funds
Authors István Kőrösi
AbstractAuthor's information

    The purpose of this study is to present the principles, strategy and operation of the social market economy, based on legal, political and economic considerations. The first social market economy, West Germany – followed by Austria, the Netherlands, as well as other countries in Northern and Western Europe –, mustered a positive overall performance from the post-World War II years to the early 1970s. Since then, however, we have been witnessing the erosion, distortion and decline of efficiency of the social market economy. There are four main issues to be addressed: (i) What are the main theoretical and conceptual, ‘eternal’ elements of the social market economy? (ii) What economic policy was built on this theoretical foundation and why did the system work well in Western Europe after World War II? (iii) What factors eroded this system? (iv) Can social market economy be renewed in the second decade of the 21st century and, if it can, what are the preconditions of it? In my analysis, I highlight some key areas: EU policies, Lisbon Agenda and Europe 2020 strategy, growth, financial disequilibria and competitiveness, innovation and employment, the relation of state and market.


István Kőrösi
Associate professor, Pázmány Péter Catholic University, Budapest; senior research fellow, World Economic Institute of ERRC of the Hungarian Academy of Sciences.
Article

Towards a Conceptualization of the Notion of Solidarity in the Legal Framework of the EU

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords Concept of solidarity, principle of solidarity in EU law, theory of EU law, solidarity as a value concept
Authors András Pünkösty
AbstractAuthor's information

    This article carries out an in-depth analysis of the complex meaning of solidarity within the EU legal framework. Solidarity is a multi-layered concept that serving as the basis for different policy-making choices of highly variable material substance, contributing significantly to the judgments of the CJEU. The point of departure in the analysis are references made to the notion of solidarity in the Founding Treaties. An important layer of its meaning derives from solidarity considered as a ‘value’. Important references are made to solidarity as a ‘principle’ or ‘spirit’ and there are additional layers of its meaning in the Treaties. In secondary legislation and the institutions’ communications, solidarity serves mainly as a basis for socially orientated policymaking. Following the analysis of the meaning of solidarity, I consider the notion of ‘solidarity acquis’ elaborated by Malcolm Ross that suggests that solidarity is one of the most effective tools in maintaining the consistency of the EU legal framework. Finally, the paper focuses on the case-law of the CJEU to conceptualize core legal implications of solidarity in order to establish whether solidarity may be recognized as a general principle of EU law.


András Pünkösty
Senior lecturer, Pázmány Péter Catholic University, Budapest.

    The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination.


Andrzej Marian Świątkowski
Andrzej Marian Świątkowski, is a Jean Monet Professor of European Labour Law and Social Security, Jesuit University Ignatianum, Krakow, Poland and a member of the EELC Academic Board.
Article

Better Regulation and Post-Legislative Scrutiny in the European Union

Journal European Journal of Law Reform, Issue 2 2019
Keywords parliaments, post-legislative scrutiny, better regulation, European Union, legislation, regulation, democracy
Authors Davor Jancic
AbstractAuthor's information

    This article analyses the manner in which the EU’s Better Regulation Agenda impacts pre-legislative and post-legislative scrutiny by national parliaments, as two important dimensions of their function of democratic control over EU decision making. To this end, the article critically assesses the institutional arrangements and procedures foreseen under the Commission’s 2015 Better Regulation package and examines the 2017 review of the Better Regulation Agenda, which is a fresh push towards its enhancement. The article is structured as follows. After an overview of the legal grounding and evolution of better regulation in EU law, the analysis surveys the implications for parliaments of the Juncker Commission’s package of reforms, which are laid out in a Communication and implemented through a set of guidelines, a refurbished toolbox for practitioners, a revised Regulatory Fitness and Performance Programme (REFIT), and an Interinstitutional Agreement on Better Lawmaking adopted in 2016. On this basis, the article discusses post-legislative scrutiny of EU legislation on its own merits as well as from the perspective of its relationship with pre-legislative scrutiny. The latter is important since it is the most efficient way for parliaments to influence the contents of EU policies. The article concludes that the Better Regulation Agenda maintains the status quo in domestic parliamentary participation in EU affairs and misses the opportunity to fortify the latter’s European embeddedness.


Davor Jancic
Dr Davor Jancic is Lecturer in Law, Director of the English & European Law LLB programme, Department of Law, Queen Mary University of London.
Article

Post-Legislative Scrutiny in a Decentralized Setting

Opportunities from Alcoholic Drinks Regulation in Kenya

Journal European Journal of Law Reform, Issue 2 2019
Keywords affordability, alcohol, availability, enforcement, licensing, marketing, post-legislative scrutiny, regulation, regulatory impact, taxation
Authors Francis A. Aywa and Gabriel K. Ndung’u
AbstractAuthor's information

    Irresponsible alcohol consumption is a complicated regulatory issue globally. Governments’ regulatory regimes for the alcoholic drinks sector are primarily concerned with issues such as control of the production, sale, and use of alcoholic drinks for purposes of safeguarding the health of the individual in view of the dangers of excessive consumption of alcoholic drinks. This article is intended to offer insights on post-legislative scrutiny by drawing on lessons from alcoholic drinks regulation in Kenya. Post-legislative scrutiny as a methodology largely reviews government action or inaction and consequently proposes measures to be undertaken for purposes of managing the effective implementation of its policies and abiding by legal obligations in relation to regulatory frameworks and actions. The intention is to highlight the failures and insufficiencies of the different approaches on alcohol regulation and the manner in which they have been utilized to regulate and control abuse of alcoholic drinks. By comparing regulatory outcomes with the intended policy outcomes and design of regulatory regimes the authors make the case for the primacy of post-regulatory scrutiny and to provide suggestions on how it can be improved in settings such as Kenya’s.


Francis A. Aywa
Francis A. Aywa is Team Leader of DAI’s Deepening Democracy Programme and former Chief of Party of SUNY’s Kenya Parliamentary Strengthening Programme.

Gabriel K. Ndung’u
Gabriel K. Ndung’u is a Legislative Development Specialist and former Deputy Chief of Party of SUNY’s Kenya Parliamentary Programme.
Article

Post-Legislative Scrutiny as a Form of Executive Oversight

Tools and Practices in Europe

Journal European Journal of Law Reform, Issue 2 2019
Keywords scrutiny of law enforcement, ex-post impact assessment, parliamentary oversight of the executive, post-legislative scrutiny
Authors Elena Griglio
AbstractAuthor's information

    Parliaments’ engagement in post-legislative scrutiny can be considered either as an extension of the legislative function or within the framework of the oversight of the executive. This article makes use of the latter view to assess how parliaments in Europe approach post-legislative scrutiny and to which extent this function can be regarded as a form of executive oversight. Although rules and practices of parliaments in this realm are remarkably heterogeneous, the focus on some selected parliaments (Italy, France, Germany, Sweden, and the European Parliament) reveals three different conceptual categories. In the ‘basic’ approach (passive scrutinizers), parliaments limit their role solely to the assessment of the ex-post scrutiny performed by the government and external agencies. Differently, parliaments willing to engage in a more proactive approach might choose either to act on an informal basis, establishing ad hoc research/evaluation administrative units (informal scrutinizers) or to address post-legislative scrutiny in a formal and highly institutionalized manner (formal scrutinizers). As a matter of fact, the practise of parliaments often combines characters of different categories. While in all of these approaches post-legislative scrutiny shows potential for executive oversight, only the third can potentially lead to a kind of ‘hard’ oversight.


Elena Griglio
Dr Elena Griglio is a Senior Parliamentary Official, Italian Senate and Adjunct Professor, Luiss Guido Carli University.
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