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ELSA Selected Papers on European Law 1998 (1) Democracy in the European System Towards a Critical Approach by Angus Johnston Angus Johnston is a student at the Rijksuniversiteit te Leiden. Summary of Article: In the light of the Amsterdam Treaty, this paper attempts to make an analysis of the democratic principle as it operates within the system of the European Union. The classical approach to such arguments is treated first, followed by an assessment of the changes introduced by the Amsterdam Treaty, on the basis of that classical approach. Thereafter, an effort is made to cast a critical eye over the direction in which the latter approach may take the European Union in the future, trying to highlight some theoretical and practical dangers which should not be overlooked. Factors such as elitism, legitimacy and the very idea of democratic supranationalism are examined in this connection. In conclusion, the continued vitality of the nation state is underlined, together with a plea for an inquiring attitude towards some common assumptions concerning both the 'democratic deficit' and indeed the whole process of the European integration.  Download this article |
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The Controversy Involving the Location of the European Parliament's Plenary Sessions by Pamela A. DeBooth Pamela A. DeBooth recently graduated from the University of Florida (Gainesville, Florida) with a joint degree in law and business (J.D./M.B.A.). She is currently studying in the LL.M. program in European Community Law at Leiden University (Leiden, The Netherlands). Summary of Article: This paper addresses the debate surrounding the location of the European Parliament's plenary sessions. The first part of the paper briefly examines the current responsibilities of the Parliament in the context of how the Parliament has acquired a more integral role in the European Community and hence why many members of Parliament would like to see the Parliament hold its plenary sessions in Brussels rather than in Strasbourg. The second part addresses the legal issues in the French Republic v European Parliament, case which was a direct consequence of the Parliament's attempt to move some of its sessions from Strasbourg to Brussels. The final section looks at the impact of the ECJ's judgment as well as its financial implications for the Parliament. Download this article |
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The European Court of Justice after Amsterdam: An Overview by Brigitte Zammit Ms. Zammit is a student at the Law Faculty of the University of Malta. Summary of Article: The article deals with the new competences acquired by the European Court of Justice in virtue of the Amsterdam Treaty. This includes an overview of the positions presented by the EC Institutions and Member States during the Intergovernmental Conference held in 1996. An analysis of the flexibility principle and its possible consequences for the Court's jurisdiction is also done. The author considers that this institution will continue to play an advanced role in the process of European integration Download this article |
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Recent Developments of European Community Law (Second Half of 1997) by Europa Instituut, Leiden University. Translated into English by Simon Veenis Download this article The preferred method of citing ELSA SPEL is García Pérez, 'The Amsterdam Treaty', ELSA SPEL 1998 (1) |
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