42 research outputs found
Anassessment of current regulation of GMOs in the EU and proposals for amending it
No full textVesco Paskalev argues that the regulation of GMOs in the EU is a shambles. The main problem lies in a very narrow conception of risk and safety. All the emphasis is wrongly on laboratory tests, and evidence on the wider environmental effects is scant. Wider studies on the effects on consumption patterns or the cost pressures on non GM farmers are ignored. In addition, experts supplant the proper role of the political institutions, and the precautionary principle is rendered inoperative. Paskalev proposes specific legal amendments to remedy these faults
Anassessment of current regulation of GMOs in the EU and proposals for amending it
No full textVesco Paskalev argues that the regulation of GMOs in the EU is a shambles. The main problem lies in a very narrow conception of risk and safety. All the emphasis is wrongly on laboratory tests, and evidence on the wider environmental effects is scant. Wider studies on the effects on consumption patterns or the cost pressures on non GM farmers are ignored. In addition, experts supplant the proper role of the political institutions, and the precautionary principle is rendered inoperative. Paskalev proposes specific legal amendments to remedy these faults
NETWORK FOR A EUROPEAN DEMOI-CRACY: ARE THE NATIONAL PARLIAMENTS UP TO THE JOB?
No full textThis article focuses on the new opportunity for the national
parliaments to get involved in the EU legislative process which
is provided by the so-called yellow card mechanism introduced by
the Lisbon Treaty. I start with a discussion of the incentives for national parliaments to seize the new opportunity to influence European decision-making. I argue that the importance of the mechanism goes far beyond its stated goal to enforce the subsidiarity principle. Its true significance will first be in the engagement of parliaments in debates on the substantive issues of European policy, and second in stimulating cooperation amongst the parliaments of different Member States. In turn, this engagement and cooperation of parliaments can be expected to bring about communication among the citizens across national public spheres and their engagement with substantive policy issues rather than merely arguing for or against integration as is the case today. Thus, this modest-looking mechanism promises to nurture a transnational network of public spheres and to become what may be called a demoi-cracy. I also argue that the creation of such a network democracy (post-national rather than supra-national) is the only available road for democratisation of the EU because it does not depend on a forged common identity or solidarity. In the final section, I discuss experience with the mechanism during its first year, which seems disappointing
If You Do not Like Selling Passports, Give Them for Free
No full text© The Author(s) 2018. While it is difficult to disagree with most of the arguments against monetisation of citizenship, in my view they all aim at the wrong target. It is not the sale of citizenship per se which violates principles of justice and democracy; it is the existing international system of inclusion and exclusion of third country nationals which is deeply skewed and denigrates the value of citizenship. A condition under which anyone would give huge amounts of money for a travel document is deeply troubling. It is not membership but mobility which is at issue
May science be with you: Can scientific expertise confer legitimacy to transnational authority?
No full textThe paper draws on the recent science and technology scholarship (STS) to criticise the dominant understanding of the role of science on which the existing system of transnational regulation is based. In particular, it employs the concept of epistemic subsidiarity suggested by Sheila Jasanoff to the science-based regulation in the EU to explain why the formal authority of the GMO regulators is crumbling, while some transnational regimes with no formal legal foundation flourish. It argues that to build their own authority, transnational regimes must not dismiss local concerns as ‘unscientific’ and ‘political’ but should themselves seek to take these concerns into account. The paper explores several ways in which this might be done in a multilevel system and concludes that instead of seeking to circumscribe the domains, we should strive to make their boundaries more porous
Lisbon Treaty and the Possibility of a European Network Demoi-cracy
No full textThe paper discusses the Early Warning Mechanism (EWM) to be introduced by the Lisbon Treaty, the
incentives of the national parliaments to use it and the limited opportunity it opens for bringing Europe
closer to its citizens. It is suggested that the EWM provides Europe with a chance to develop a
transnational network of public spheres and to become a demoi-cracy.
Regardless of the success of the EWM as an institutional means to bring to that end, the author argues
that the creation of a network democracy (post-national instead of supra-national democracy) is the
only available road for democratisation of the EU anyway, because only it does not depend on forged
common identity or solidarity. In doing this, the paper draws from the earlier books of Habermas and
argues with his own latter writings
Implementation of the Pan-European General Principles of Good Administration in Bulgaria? It would be a really good idea
No full textThis chapter canvasses the impact on the administrative law of Bulgaria of the pan-European principles of good administration developed by the Council of Europe (CoE) in the aftermath of socialism and in the shadow of EU integration. It zeroes in on each of the three channels of CoE influence—the direct effects of the CoE conventions ratified by Bulgaria, the indirect introduction of pan-European principles by the national legislator, and through application of the European Convention on Human Rights. It finds that the influence of all these channels has been limited although some progress has been made. Finally, it places the quest for pan-European principles and good administration in the context of Bulgarian legal culture and argues that the formalist character of the latter is a serious impediment to the actual effect that any legal principles (as opposed to rules) may have in the country
Public participation in the marine spatial planning process : lessons learned from theoretical, legal, and empirical perspectives
No full textPublic participation is a crucial component in environmental decision-making. The accepted wisdom is that participatory decision-making is a good thing. However, there is no single solution for designing and implementing public participation. The participation pattern in the marine planning context should be different from those applied in other decision-making processes in order to address the particular challenges and demands of marine management. Few studies have focused on public participation in marine planning, especially in the English marine planning context. This thesis fills this knowledge gap by studying public participation in English marine planning from theoretical, legal and empirical perspectives.This thesis addresses three research questions. First, what is the appropriate participation strategy for English marine planning? Second, to what extent does the current legal regime ensure effective public participation in marine planning and other marine-related decision-making? Third, how have the requirements for participation been implemented in marine planning practices?To investigate these questions, this thesis constructs a pluralist rationale for participation, including normative, substantive and instrumental dimensions, which fits the English marine planning context. The appropriate strategy for participation is identified. This strategy will contribute to fulfil the pluralist rationale for participation in marine planning process. The thesis also reviews the relevant legal framework at the international and domestic levels, to examine to what extent these legal regimes can support the implementation of public participation in the marine decision-making context. Finally, as a qualitative case study, the process and outcome of participation in producing the English East Inshore and Offshore Marine Plans are evaluated to reveal the deficiencies regarding participation in the English marine planning regime
Can Science Tame Politics: The Collapse of the New GMO Regime in the EU
No full textOn 2 March 2010 the European Commission authorised the cultivation of a BASF's genetically modified potato “Amflora” throughout the European Union. This came after a tortuous process commenced in 1996 and so far it is the only authorisation of a GMO for cultivation in EU since the current regulation was established. On 3 March 2010, President Barroso announced that the Commission intends to propose amendments to the current regulation to allow the Member States to prohibit the cultivation of GMO authorised for cultivation in the EU and it did so on June 13, 2010. This is one of the very few cases where decision-making power is effectively devolved back from Union to state level; it is even more impressive that this is happening on the initiative of the Commission and despite the obvious negative consequences for the internal market. In the meantime BASF botched the 2011 growing season for Amflora in Sweden and in 2012 announced that it withdraws its GM crops from the EU. This article follows the saga purports to find the reasons why it entailed an immediate change.</jats:p
