"The Composite European Constitution in Action: Euro-National Parliamentary Procedures"
Un séminaire organisé par l'IEE
Academic research tends to focus mainly on the judicial channels of communication that structure the composite European Constitution. Indeed, these channels played a crucial role in the setting up of the European Union, consistently with its elitist origins and with the centrality of European legal constitutionalism. Rather understudied are the political channels of communication – many of them in operation, indeed, since the beginning of the European communities (the ratification of the Treaties, the European budget, but also the election, first indirect and later direct, of the European Parliament) – that involve Executives and parliamentary institutions.
Such political channels of communication rely on “Euro-national parliamentary procedures”, which all present two common features: first, they are characterised by interventions of both EU and Member States’ parliamentary institutions (and not only by parliaments); second, they are regulated partly by EU law and partly by national constitutional/parliamentary law, to which EU treaties often refers with a formula like ‘in accordance with its own constitutional requirements’ (see, for instance, within the TEU, Art. 42, par. 2, on CSDP, 48, parr. 4 and 6, on Treaty amendments, 49, on new membership, 50, par. 1, on withdrawal, 54, on ratification).
The lecture will focus on this category of “Euro-national parliamentary procedures”, which has significantly enriched during the last decade (EWS, political dialogue, banking dialogue, European semester, new interparliamentary conferences, etc). It will be argued that their contribution to European democracy is crucial as they structure the so called “Euro-national parliamentary system” and their use can reduce the “democratic disconnect”, ensuring the good functioning of some mechanisms of political constitutionalism within the EU.
Nicola Lupo is Full Professor of Public Law at the Department of Political Science – Luiss Guido Carli University of Rome. In the same institution, he is Director of the EUPADRA Erasmus+ Joint Master in Parliamentary Procedures and Legislative Drafting and of the Centre for Parliamentary Studies.
He held visiting positions at Science-Po Paris (France); University of Durham (UK); University of Sheffield (UK); IALS-Institute of Advanced Legal Studies at the University of London (UK); Centre for European Studies at the Australian National University, Canberra (Australia); Institut d’Etudes Européennes, ULB-Universitè Libre de Bruxelles (Belgium), George Washington University Law School – Washington D.C. (USA).
Among his publications, a handbook on the Italian Parliament (Corso di diritto parlamentare, II ed., Il mulino, 2013, with Luigi Gianniti), a monograph on Law and Regulation (Dalla legge al regolamento, Il mulino, 2003) and edited books on Interparliamentary Cooperation in the European ‘Composite’ Constitution (Hart Publishing, 2016, with Cristina Fasone), Comparative Law in Legislative Drafting (Eleven International Publishing, 2014, with Lucia Scaffardi) and Democracy and Subsidiarity in the EU (il mulino, 2013, with Marta Cartabia and Andrea Simoncini).
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