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European Parliament: evolution and legal issues


Author: Carolina Smochina
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2005
Scientific adviser: Nicolae Osmochescu
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 1 October, 2005
Approved by NCAA on the 27 October, 2005

Abstract

Adobe PDF document0.55 Mb / in romanian

Keywords

European integration, European Union Law, European Assembly, European Parliament, direct elections, political group, supervisory role, compulsory consultation, legislative competence, assent, cooperation procedure, ombudsman, budget, lawmaking process, regulation, directive, decision, European Neighbourhood Policy, Treaty establishing a Constitution for Europe, Partnership and Cooperation Agreement

Summary

PhD thesis for the scientific degree of Doctor in Law, speciality 12.00.10 – Public International Law, State University of Moldova, Chisinau, 2005, Manuscript.

The thesis is concerned with research on the following issues: cornerstone problems in the creation and development of the European Union; a genuine European organisation with integration and universal competencies; the composition and functioning of the directly elected European Parliament in the current stage of historic development; an analysis of the legislative competence of the European Parliament as the representative body of the European Union; the order of convocation, holding of sessions and methods of decision-making of the European Parliament. T

he author addresses a series of questions relating to the internal organisation of the European Parliament and relations between the European Parliament and National Parliaments.

The work considers the preconditions and the drafting process of the constitutional arrangement of the European Union, conceived to replace the founding treaties with a single document officially called ”Treaty establishing a Constitution for Europe”.

The author analyses, in the light of legal science, the complicated legal basis regulating the functioning of the European Parliament in accordance with the Treaty establishing a Constitution for Europe, as well as the relation of the European Parliament with the new constitutional arrangement. According to the thesis, there is a possibility for the European Union to become a more solid subject of international law.

The author considers the strategic foundations of the European Neighbourhood Policy aimed at strengthening the co-operation on specific issues based on mutual interests, including human rights.

The thesis concludes with an analysis of the relations between the European Parliament and the highest legislative body of the Republic of Moldova in the context of European integration. The author also analyses questions relating to the aim of Moldova to gradually harmonise its legislation with European Union legislation. The author also comments on the Partnership and Cooperation Agreement with Moldova.

The key points and conclusions of the thesis constitute a solid contribution to the development of the theory of international law. They will serve as a basis to raise the scientific level of legislation and the practice of application of legal norms in the Republic of Moldova.