Pub Date : 2023-01-02DOI: 10.1080/02606755.2023.2180961
{"title":"75th Conference of the International Commission for the History of Representative and Parliamentary Institutions (ICHRPI)","authors":"","doi":"10.1080/02606755.2023.2180961","DOIUrl":"https://doi.org/10.1080/02606755.2023.2180961","url":null,"abstract":"","PeriodicalId":53586,"journal":{"name":"Parliaments, Estates and Representation","volume":"35 1","pages":"106 - 107"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72779892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/02606755.2023.2169410
M. Besch
ABSTRACT The Council of State is the consultative constitutional body par excellence in the institutional architecture of the Grand Duchy of Luxembourg. It is a major actor in legislative procedure, along with parliament and the government. This procedure is characterised by a shuttle between the Council of State and the Chamber of Deputies and the existence of a three month suspending veto granted to the Council of State. The Council of State can be compared to a reflection chamber and its opinions can therefore have a considerable influence on the preparation and, sometimes, the content of legal standards in Luxembourg. The question regularly arises as to whether the political system of the Grand Duchy of Luxembourg does not actually turn out to be bicameral and whether the Council of State is in fact an upper chamber. In order to answer this question, it is necessary to delve into the history of the Council of State, whose roots go back well before its creation in 1856.
{"title":"The origins of the Luxembourg Council of State under the influence of bicameralism","authors":"M. Besch","doi":"10.1080/02606755.2023.2169410","DOIUrl":"https://doi.org/10.1080/02606755.2023.2169410","url":null,"abstract":"ABSTRACT The Council of State is the consultative constitutional body par excellence in the institutional architecture of the Grand Duchy of Luxembourg. It is a major actor in legislative procedure, along with parliament and the government. This procedure is characterised by a shuttle between the Council of State and the Chamber of Deputies and the existence of a three month suspending veto granted to the Council of State. The Council of State can be compared to a reflection chamber and its opinions can therefore have a considerable influence on the preparation and, sometimes, the content of legal standards in Luxembourg. The question regularly arises as to whether the political system of the Grand Duchy of Luxembourg does not actually turn out to be bicameral and whether the Council of State is in fact an upper chamber. In order to answer this question, it is necessary to delve into the history of the Council of State, whose roots go back well before its creation in 1856.","PeriodicalId":53586,"journal":{"name":"Parliaments, Estates and Representation","volume":"74 1","pages":"58 - 76"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74671640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/02606755.2023.2169354
Catherine Bergeal
ABSTRACT Role of legal adviser to the government is the first function of the French Council of State, created in 1799. In 2021, despite the remarkable growth of its jurisdictional function which has placed the Council of State at the top of the administrative jurisdictional order, its advisory function, enshrined in the constitution of French Fifth Republic, remains essential. All bills, as well as the most important acts of executive power, are submitted to prior legal examination, by the Council of State in order to not only ensure respect for the French Constitution, international treaties and legaility, but also for intelligibility, stability and operational standards. At the beginning of the twenty-first century, the Council of State has been able to adapt its organization to the requirements of the decision of the European Court of Human Rights Procola c/Luxembourg of 29 September 1995 imposing a strict separation of advisory and judicial functions without renouncing this duality. The creation of the priority question of constitutionality in 2008 had the effect of strengthening the Council of State's role as adviser to the government. The decision of the President of the French Republic in 2015 to make the opinions of the Council of State public has made the Council of State an actor on the political scene and in the media.
{"title":"Le Conseil d’État français, conseiller du Gouvernement","authors":"Catherine Bergeal","doi":"10.1080/02606755.2023.2169354","DOIUrl":"https://doi.org/10.1080/02606755.2023.2169354","url":null,"abstract":"ABSTRACT Role of legal adviser to the government is the first function of the French Council of State, created in 1799. In 2021, despite the remarkable growth of its jurisdictional function which has placed the Council of State at the top of the administrative jurisdictional order, its advisory function, enshrined in the constitution of French Fifth Republic, remains essential. All bills, as well as the most important acts of executive power, are submitted to prior legal examination, by the Council of State in order to not only ensure respect for the French Constitution, international treaties and legaility, but also for intelligibility, stability and operational standards. At the beginning of the twenty-first century, the Council of State has been able to adapt its organization to the requirements of the decision of the European Court of Human Rights Procola c/Luxembourg of 29 September 1995 imposing a strict separation of advisory and judicial functions without renouncing this duality. The creation of the priority question of constitutionality in 2008 had the effect of strengthening the Council of State's role as adviser to the government. The decision of the President of the French Republic in 2015 to make the opinions of the Council of State public has made the Council of State an actor on the political scene and in the media.","PeriodicalId":53586,"journal":{"name":"Parliaments, Estates and Representation","volume":"33 1","pages":"7 - 18"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73393995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/02606755.2023.2169408
Ángel J. Sanchez-Navarro
ABSTRACT This article describes the basic features of the Spanish Council of State. Departing from its historical origins, it analyses the Council of State with regard to its constitutional and legal regulation, its composition, its organization and its main functions, with particular reference to the role of the Council of State in legislative and regulatory proceedings.
{"title":"The Spanish Council of State: a panoramic view","authors":"Ángel J. Sanchez-Navarro","doi":"10.1080/02606755.2023.2169408","DOIUrl":"https://doi.org/10.1080/02606755.2023.2169408","url":null,"abstract":"ABSTRACT This article describes the basic features of the Spanish Council of State. Departing from its historical origins, it analyses the Council of State with regard to its constitutional and legal regulation, its composition, its organization and its main functions, with particular reference to the role of the Council of State in legislative and regulatory proceedings.","PeriodicalId":53586,"journal":{"name":"Parliaments, Estates and Representation","volume":"158 1","pages":"38 - 49"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80610699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/02606755.2023.2169296
Nadim Farhat, P. Poirier
ABSTRACT This special issue explores the Council of State as an institution at the heart of the workings of the political-administrative system of many European states. More specifically, it dwells on the consultative and legislative functions of the Council of State as an institution. This special issue shows through the analysis of the cases of five European countries (France, Belgium, Spain, Italy and Luxembourg) in what ways the consultative action of the Council of State, while revealing its dual technical and political nature, assumes a role of neutrality and expertise which is authoritative within the debates that agitate parliamentary democracies. Examining the Council of State from the angle of its advisory function, as well as the dynamics and pressures to which it is subjected, makes it possible to identify both the evolution and the constraints that affect the construction of the law undertaken by legislative assemblies and governments and more generally the development of state standards.
{"title":"Councils of State in Europe in their advisory and legislative functions: France, Belgium, Spain, Italy and Luxembourg","authors":"Nadim Farhat, P. Poirier","doi":"10.1080/02606755.2023.2169296","DOIUrl":"https://doi.org/10.1080/02606755.2023.2169296","url":null,"abstract":"ABSTRACT This special issue explores the Council of State as an institution at the heart of the workings of the political-administrative system of many European states. More specifically, it dwells on the consultative and legislative functions of the Council of State as an institution. This special issue shows through the analysis of the cases of five European countries (France, Belgium, Spain, Italy and Luxembourg) in what ways the consultative action of the Council of State, while revealing its dual technical and political nature, assumes a role of neutrality and expertise which is authoritative within the debates that agitate parliamentary democracies. Examining the Council of State from the angle of its advisory function, as well as the dynamics and pressures to which it is subjected, makes it possible to identify both the evolution and the constraints that affect the construction of the law undertaken by legislative assemblies and governments and more generally the development of state standards.","PeriodicalId":53586,"journal":{"name":"Parliaments, Estates and Representation","volume":"5 1","pages":"1 - 6"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80724899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/02606755.2023.2169407
E. Thibaut
ABSTRACT The Council of State imposed itself late in Belgium following the observation of the poor quality of legislative texts. Today, the Council of State must take into account the complexity of the Belgian institutional landscape in its response to the request of consulting authorities, which extends to the drafting of all normative texts. The rest of this article focuses on the nature and scope of referral to the legislative section of the Council of State, on the acceleration of political time that puts the Belgian Council of State under pressure, and on the coping strategy developed by the Council of State to overcome deadline management and workload.
{"title":"Le Conseil d’État de Belgique dans ses fonctions consultatives et législatives","authors":"E. Thibaut","doi":"10.1080/02606755.2023.2169407","DOIUrl":"https://doi.org/10.1080/02606755.2023.2169407","url":null,"abstract":"ABSTRACT The Council of State imposed itself late in Belgium following the observation of the poor quality of legislative texts. Today, the Council of State must take into account the complexity of the Belgian institutional landscape in its response to the request of consulting authorities, which extends to the drafting of all normative texts. The rest of this article focuses on the nature and scope of referral to the legislative section of the Council of State, on the acceleration of political time that puts the Belgian Council of State under pressure, and on the coping strategy developed by the Council of State to overcome deadline management and workload.","PeriodicalId":53586,"journal":{"name":"Parliaments, Estates and Representation","volume":"48 1","pages":"19 - 37"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86430617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-02DOI: 10.1080/02606755.2023.2180962
{"title":"Helen Maud Cam Travel Grants for Scholars to attend the Rome-Naples conference of ICHRPI/CIHAE 2023","authors":"","doi":"10.1080/02606755.2023.2180962","DOIUrl":"https://doi.org/10.1080/02606755.2023.2180962","url":null,"abstract":"","PeriodicalId":53586,"journal":{"name":"Parliaments, Estates and Representation","volume":"130 1","pages":"108 - 108"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75706038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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