4 ms·

Does it have any authority, then?

by listic 11y ago

gambiting 11y ago
Both yes and no. It can issue a directive but individual EU countries could still elect to ignore it. Very few do, and it happens rarely, but they can ignore EU directives. It's as if states in the US could ignore federal law. The difference is that in US the federal government could actually send federal agents to arrest the governor and bring him for trial for breaking federal law, but in EU nothing would happen. The EU parliament might try to put sanctions on a country for not following a directive, but then again, other countries would need to agree to it. So if the issue is a hot one, not much can be done.
- germanier 11y ago
  The European Parliament can't issue directive on its own (it needs to be introduced by the European Commission, and also approved for by repressentatives of the governments). If an directive has been issued, it can't be ignored by the member states. If they do, they can be forced to do follow it by a European court as they act against the European treaties they signed. The European parliament can't issue sanctions against anybody, because that's not in their power as defined in the EU treaties. What the EU parliament can do in this case (and what do actually did here) is issue a sternly worded letter. They can also try to bring the EU Commission or the member states to do something.
  - lhopki01 11y ago
    This is not quite true. The EU can issue fines. The fines are enforceable in each member's courts because of the treaties they signed up to as part of the EU. But you're right in this case the EU can't do anything about Snowden. It's really just a motion calling on EU national governments.
    - germanier 11y ago
      For the mentioned directives you are right, the way to force them on non-compliant member states is through fines (but those are enforced in the ECJ). However, it's well established that they have a direct effect on individuals even when member states refuse to comply (see for example Francovich v Italy). Also, in many cases the EU can issue regulations. Those are directly valid in all member states without them needing to do anything.
      - stevetrewick 11y ago
        AIUI, either the Council (of ministers, i.e. the various appointed government representatives) or the Commission ( the technocratic bureaucracy which may have regulatory power delegated to them in some area of competence by the Council) can issue a regulation. The parliament, however, cannot. Power in 'the EU' is wielded largely by the CoM and the Commission, the parliament is just a side show. The EU is a fundamentally technocratic, not democratic, institution, This is by design. edit : fat fingers

Does it have any authority, then?

by listic 11y ago

Does it have any authority, then?

Both yes and no. It can issue a directive but individual EU countries could still elect to ignore it. Very few do, and it happens rarely, but they can ignore EU directives. It's as if states in the US could ignore federal law. The difference is that in US the federal government could actually send federal agents to arrest the governor and bring him for trial for breaking federal law, but in EU nothing would happen. The EU parliament might try to put sanctions on a country for not following a directive, but then again, other countries would need to agree to it. So if the issue is a hot one, not much can be done.

germanier 11y ago
The European Parliament can't issue directive on its own (it needs to be introduced by the European Commission, and also approved for by repressentatives of the governments). If an directive has been issued, it can't be ignored by the member states. If they do, they can be forced to do follow it by a European court as they act against the European treaties they signed. The European parliament can't issue sanctions against anybody, because that's not in their power as defined in the EU treaties. What the EU parliament can do in this case (and what do actually did here) is issue a sternly worded letter. They can also try to bring the EU Commission or the member states to do something.
- lhopki01 11y ago
  This is not quite true. The EU can issue fines. The fines are enforceable in each member's courts because of the treaties they signed up to as part of the EU. But you're right in this case the EU can't do anything about Snowden. It's really just a motion calling on EU national governments.
  - germanier 11y ago
    For the mentioned directives you are right, the way to force them on non-compliant member states is through fines (but those are enforced in the ECJ). However, it's well established that they have a direct effect on individuals even when member states refuse to comply (see for example Francovich v Italy). Also, in many cases the EU can issue regulations. Those are directly valid in all member states without them needing to do anything.
    - stevetrewick 11y ago
      AIUI, either the Council (of ministers, i.e. the various appointed government representatives) or the Commission ( the technocratic bureaucracy which may have regulatory power delegated to them in some area of competence by the Council) can issue a regulation. The parliament, however, cannot. Power in 'the EU' is wielded largely by the CoM and the Commission, the parliament is just a side show. The EU is a fundamentally technocratic, not democratic, institution, This is by design. edit : fat fingers