Doing the Right Thing: Collective Action and Procedural Choice in the New Legislative Process

2005 ◽  
Vol 3 (04) ◽  
Author(s):  
John D. Wilkerson
Keyword(s):  
Collective Action ◽  
Legislative Process ◽  
The Right ◽  
Procedural Choice

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

scholarly journals Collective Action Right as a Basic Human Right

2017 ◽  
Vol 6 (s2) ◽  
pp. 9-17
Author(s):  
Pir Ali Kaya ◽  
Ceyhun Güler
Keyword(s):  
Human Rights ◽  
Collective Action ◽  
Resistance Mechanism ◽  
European Convention ◽  
Social Rights ◽  
Human Right ◽  
Political Field ◽  
European Court ◽  
Social Interests ◽  
The Right

Abstract According to The European Social Charter, the European Convention on Human Rights, the ILO Conventions, the decisions of the European Court of Human Rights, the decisions of the European Social Rights Committee and the ILO supervisory bodies, the right to collective action is a democratic right that aims to protect and correct the economic and social interests of workers in the workplace or in another place appropriate for the purpose of action. The above-mentioned institutions accept the right to collective action as a fundamental human right. According to the decisions of the European Court of Human Rights, the right to collective action is regarded as a democratic right, including strike. In particular, the right to collective action is being used as a resistance mechanism against new working relations, which are imposed on working conditions, right to work and the right to organize. However, the tendency of this right to political field, leads to some debate about the legality of the right to collective action. In this context, In the decision of the European Court of Human Rights, the ILO's supervisory bodies and the European Committee on Social Rights, it is emphasized that collective action rights should be a basic human right. In this study, the legal basis of the right to collective action will be discussed in accordance with the decisions and requirements of the European Court of Human Rights and the decisions of the ILO supervisory bodies.

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

Protecting Vulnerable Languages

2019 ◽  
pp. 147-170
Author(s):  
Alan Patten
Keyword(s):  
Collective Action ◽  
The State ◽  
Common Source ◽  
Collective Action Problem ◽  
Collective Action Problems ◽  
Extensive Range ◽  
The Right

This chapter explores an important but understudied argument in favor of protections for vulnerable languages. The argument observes that speakers of such languages can face a collective action problem. The question is what interventions by the state to correct such a problem would be consistent with, or even required by, a broadly liberal and egalitarian conception of justice. The chapter identifies two principles that are relevant to answering this question: the unanimity principle, which places strict limits on interventions, and the principle of correction, which licenses a more extensive range of interventions on behalf of vulnerable languages. The principles are in tension with one another but derive from a common source in liberal egalitarian thought. Overall, the right approach is to forge a compromise between the two principles, thus allowing for some interventions on behalf of vulnerable languages to protect against collective action problems.

Social Conflict in Argentina (1989–2017): Democracy in Dispute

2020 ◽  
Vol 47 (4) ◽  
pp. 96-111
Author(s):  
Leandro Gamallo
Keyword(s):  
Social Movements ◽  
Collective Action ◽  
Social Movement ◽  
Social Conflict ◽  
The State ◽  
Right Wing ◽  
Social Conflicts ◽  
The Right ◽  
Movement Participation ◽  
Multiple Actors

An analysis of the evolution of social conflicts in Argentina between 1989 and 2017 in terms of three aspects of collective action—the actors in contention, their main demands, and their chosen forms of struggle—reveals important changes since the country’s return to democracy. Collective action has extended to multiple actors, channeled weightier demands, and expanded its forms. With the emergence of progovernment and conservative social movements, it has become apparent that not all movement participation in the state implies weakness, subordination, or co-optation and that social movement action does not necessarily mean democratization or expansion of rights. The right-wing government of 2015 opened up a new field of confrontation in which old divisions and alliances are being reconfigured. Un análisis de la evolución de los conflictos sociales en Argentina entre 1989 y 2017 realizado a partir de tres grandes dimensiones de la acción colectiva (los actores contenciosos, las demandas principales que enuncian y las formas de lucha que emplean) revela cambios importantes. La acción colectiva se ha extendido a más actores, ha canalizado demandas más amplias y se ha expresado de maneras más heterogéneas. Con el surgimiento de movimientos sociales oficialistas y opositores de índole conservador, se ha hecho evidente que la participación de las organizaciones sociales en el estado no siempre significa debilidad, subordinación o cooptación por parte del estado y que la movilización social no necesariamente implica procesos de democratización o expansión de derechos. La llegada de una alianza de derecha en 2015 abrió un nuevo campo de confrontaciones que redefinió antiguas alianzas y divisiones.

Lawmaking in China: Understanding Substantive and Procedural Changes

2016 ◽  
Vol 1 (1-2) ◽  
pp. 5-60
Author(s):  
Benjamin van Rooij ◽  
Annemieke van den Dool
Keyword(s):  
Occupational Health ◽  
Original Data ◽  
Legislative Process ◽  
The Past ◽  
Massive Growth ◽  
The Right ◽  
And Control ◽  
Health Laws ◽  
Strong Control ◽  
People's Congress

This paper provides a sociolegal overview of law and lawmaking in China. It combines existing studies with original data published by the National People’s Congress as well as new case studies of recent lawmaking processes. The paper focuses its analysis on the development of regulatory laws that seek to prevent and control risk, including environmental, food safety, land, labor, and occupational health laws. The paper finds large changes in the substance of legislation over the past two decades. Amid generally massive growth in lawmaking at all levels, national legislation has become more ambitious, with a greater regulatory burden. It has become more specific, allowing for less discretion. And it has grown stronger teeth, with greater sanctions against violations. These regulatory laws allow for more public participation, albeit within a tightly confined authoritarian space. Such substantive changes come as the process of lawmaking has evolved. While central leadership retains strong control over lawmaking, the process has become more transparent, allowing more actors to exert influence. Successful legislative entrepreneurs are able to shape lawmaking by timing their advocacy at the right stage of the legislative process and, if possible, linking it to ongoing crises.

The Thinking behind the Creation of a Basic Law for Social Organizations

2014 ◽  
Vol 6 (1) ◽  
pp. 40-80
Author(s):  
Liu Peifeng ◽  
Shui Bing ◽  
Deng Guosheng ◽  
Wang Ming ◽  
Ma Jianyin
Keyword(s):  
Legislative Process ◽  
Editorial Office ◽  
Current Form ◽  
Social Organizations ◽  
Basic Law ◽  
The Social ◽  
The Creation ◽  
Legal Forms ◽  
The Right ◽  
Civil Laws

Abstract This paper is the second from the “Salon Series on the Creation of Legislation on the Right of Association and Social Organizations”. This was a series of salons jointly hosted by Tsinghua University’s ngo Research Center, the Philanthropy and ngo Support Center, and the editorial office of the China Nonprofit Review. The formulation of a basic law on social organizations is an important issue for China’s social sector, and particularly for the social organization sector. It is also one of the conditions necessary for a transformation in the way social organizations are managed, from the current form of governance, which is achieved through administrative regulations, to management by ‘rule of law’ in the truest sense. Recently, in academic circles, many different lines of thought have developed about the formulation of a basic law for social organizations, including the argument for ‘governance through administrative law’, which adopts a public law perspective; the argument for ‘special civil laws’, which approaches the question from the perspective of private law; and the argument for a ‘combination of legal forms’. This paper explores the content of a basic law, as well as the objectives, nature of and skills involved in formulating such a law. It examines the necessity and feasibility of creating such legislation, and the key ideas that need to be transformed during the legislative process. At the same time, the paper considers the differences between this and the thinking behind other legislation such as the charity law.

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