The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional Analysis
Following the Conference on the Future of Europe, the European Parliament presented a proposal to reform the Treaties, aiming to expand the competences of the EU in emergency contexts and enhance parliamentary participation in the adoption of emergency measures. Notably, the Parliament suggests intr...
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| Format: | Article |
| Language: | English |
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University of Zagreb, Faculty of Law
2024-12-01
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| Series: | Croatian Yearbook of European Law and Policy |
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| Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/586 |
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| author | Guido Bellenghi |
| author_facet | Guido Bellenghi |
| author_sort | Guido Bellenghi |
| collection | DOAJ |
| description | Following the Conference on the Future of Europe, the European Parliament presented a proposal to reform the Treaties, aiming to expand the competences of the EU in emergency contexts and enhance parliamentary participation in the adoption of emergency measures. Notably, the Parliament suggests introducing a new state of emergency clause, modelled on similar provisions included in national emergency laws. This proposal reveals several issues associated with the attempt of transposing the conceptual categories and legal schemes of national emergency law into EU law. Drawing from examples of EU Member States’ emergency laws, this article analyses these issues from a comparative perspective, focusing on the equilibrium between the recognition of extraordinary powers and the construction of appropriate constitutional safeguards. Furthermore, it critically assesses the proposal’s potential implications for EU constitutional law, discussing in particular the trajectory of EU integration, the role of the adjudicature, and the constitutional design of EU competence. |
| format | Article |
| id | doaj-art-d7637f6ac0714cd8b2828b8af4590f36 |
| institution | Kabale University |
| issn | 1845-5662 1848-9958 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | University of Zagreb, Faculty of Law |
| record_format | Article |
| series | Croatian Yearbook of European Law and Policy |
| spelling | doaj-art-d7637f6ac0714cd8b2828b8af4590f362025-02-06T15:48:30ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582024-12-0120113010.3935/cyelp.20.2024.586The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional AnalysisGuido Bellenghi0https://orcid.org/0000-0002-1260-611XMaastricht UniversityFollowing the Conference on the Future of Europe, the European Parliament presented a proposal to reform the Treaties, aiming to expand the competences of the EU in emergency contexts and enhance parliamentary participation in the adoption of emergency measures. Notably, the Parliament suggests introducing a new state of emergency clause, modelled on similar provisions included in national emergency laws. This proposal reveals several issues associated with the attempt of transposing the conceptual categories and legal schemes of national emergency law into EU law. Drawing from examples of EU Member States’ emergency laws, this article analyses these issues from a comparative perspective, focusing on the equilibrium between the recognition of extraordinary powers and the construction of appropriate constitutional safeguards. Furthermore, it critically assesses the proposal’s potential implications for EU constitutional law, discussing in particular the trajectory of EU integration, the role of the adjudicature, and the constitutional design of EU competence.https://www.cyelp.com/index.php/cyelp/article/view/586emergencystate of emergencytreaty reformcompetenceconference on the future of europe |
| spellingShingle | Guido Bellenghi The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional Analysis Croatian Yearbook of European Law and Policy emergency state of emergency treaty reform competence conference on the future of europe |
| title | The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional Analysis |
| title_full | The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional Analysis |
| title_fullStr | The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional Analysis |
| title_full_unstemmed | The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional Analysis |
| title_short | The European Parliament’s Proposal for an EU State of Emergency Clause: A Comparative and Constitutional Analysis |
| title_sort | european parliament s proposal for an eu state of emergency clause a comparative and constitutional analysis |
| topic | emergency state of emergency treaty reform competence conference on the future of europe |
| url | https://www.cyelp.com/index.php/cyelp/article/view/586 |
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