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MODELS OF LEGAL REGULATIONS OF POPULAR LEGISLATIVE INITIATIVE

100%
Grabowska S.
Studia Prawnicze
|
2007
|
issue 1(171)
25-50
EN
Popular legislative initiative is not a well-known and common institution in legal systems of European countries. The initiative is the right of a specified number of citizens to lodge a petition for enacting a certain law. This type of popular initiative is regulated only in a few countries where regulations vary from formalized to schematic and superficial. However, there is no doubt that popular legislative initiative is considered as a significant supplement of parliamentary democracy. There are two main types of legal regulations concerning popular legislative initiative. The first one can be found in the Polish legal system where the whole burden of organizing popular initiative (concerning e.g.: establishing the initiative committee, collecting required number of signatures, financing all the activities associated with the initiative) is put on the initiative's organizers, whereas public authorities do not assist. The second type can be found in Austria where the state assists in organizing the popular initiative - municipality carry out all the activities associated with gathering signatures under the popular motion on submitting a draft of a bill to parliament.
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PARTICIPATORY DEMOCRACY IN THE EUROPEAN UNION: REFLECTIONS ON THE INTRODUCTION OF A MECHANISM OF POPULAR LEGISLATIVE INITIATIVE (Polish title - below)

80%
Jablonski M.
Przegląd Sejmowy
|
2010
|
issue 4(99)
107-122
EN
(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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