新冠肺炎紧急情况下的议会监督:努力对抗行政主导地位

Elena Griglio
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引用次数: 37

摘要

摘要新冠肺炎紧急情况深刻挑战了政府立法部门和行政部门之间的互动:尽管行政部门在立法中发挥着主导作用,但议会正日益被边缘化。在这种情况下,许多因素使议会对行政部门的监督成为决策民主合法性的战略职能。评估议会在这一领域的作用是本文的主要目的。它跟踪和评估了欧洲议会发起的监督举措,以评估:他们与高管之间发展了哪些类型的互动;监督程序是否发生了临时或永久性的变化;以及监督职能对决策的最终结果产生了什么样的影响。比较分析表明,议会采取了现实和渐进的方法来确保行政监督的连续性,优先考虑他们认为具有战略意义且在后勤安排方面可行的机制。根据从这一经验中吸取的教训,有人质疑是否应该将一些新的监督(数字)做法永久化。有人认为,从长远来看,适当和充分利用监督特权将是议会摆脱危机创造机会的能力的标志。
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Parliamentary oversight under the Covid-19 emergency: striving against executive dominance
ABSTRACT The Covid-19 emergency has profoundly challenged the interactions between the legislative and the executive branches of government: while executives have assumed a predominant role in law-making, parliaments are being increasingly marginalised. In the circumstances, many factors make parliamentary oversight of the executive a strategic function for the democratic legitimacy of policy-making. Evaluating the role of parliaments in this domain is the main purpose of this article. It traces and assesses oversight initiatives started by parliaments in Europe in order to evaluate: what types of interaction they are developing with the executives; whether the oversight procedures have been changed, either in a temporary or permanent way; and what sort of influence the oversight function has had on the final outcome of decision-making. The comparative analysis demonstrates that parliaments have followed a realistic and incremental approach to ensure continuity of executive oversight, prioritising the mechanisms that they deemed to be strategic and also feasible in terms of logistical arrangements. Drawing on the lessons learned from this experience, it is questioned whether some of the new oversight (digital) practices should be made permanent. It is argued that prospectively an appropriate and full use of oversight prerogatives will be the marker of parliaments’ ability to create opportunity out of the crisis.
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来源期刊
CiteScore
4.50
自引率
10.00%
发文量
23
期刊介绍: The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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