PARTICIPATORY DEMOCRACY IN THE EUROPEAN UNION: REFLECTIONS ON THE INTRODUCTION OF A MECHANISM OF POPULAR LEGISLATIVE INITIATIVE (Polish title - below)
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(Title in Polish - 'Demokracja partycypacyjna w Unii Europejskiej - rozwazania na tle wprowadzenia instytucji obywatelskiej inicjatywy ustawodawczej'). The article deals with elimination of the so-called democratic deficit in the practice of functioning of the European Union, particularly the question whether a popular legislative initiative, a newly introduced legislative mechanism, may give the EU citizens a real opportunity to participate in policy shaping and decision-making processes. Firstly, the author presents basic principles and values of the operation of the European Union, including the EU decision-making process and its legal basis, as well as the influence of European law on legislation of EU member states. Then, he makes a reference to legitimacy of the authorities, both on the national and on EU level, at the same time pointing to the lack of the classic concept of the nation (as a sovereign and an origin of all powers) within the EU. In the author's view, searching an appropriate legitimating of the operation of the Union's bodies seems not only to be intended to reinforce the role of national parliaments but also refers to popular legislative initiative as a classic mechanism of direct democracy. Moreover, the author gives an assessment of the work treaty solutions and legislative proposals concerning popular legislative initiative. He examines the proposals currently introduced on which basis he makes his judgments and comments de lege ferenda as to the practical application of this instrument.
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