European Political System: Institutions and Party Regulation

Subject 3 (II): EC Institutional System

European Community Institutional System

Parliamentary monarchy streamlined, strong executive primacy of representative measurement principle: moderate impact of statutory reform, impact of European integration.

Political Parties and Representation

Functions: It expresses political pluralism, attends training of the will. Popular instrument part of policy. Creation and action are regulated and freely established. Internal organization and functioning must be democratic.

Parties Act 6 / 2002:

• Chapter 1: Creating Political Parties (Positive freedom of establishment and membership / retention, negative freedom or integration / demand promoters, foundation charter and bylaws / party registration).
• Chapter 2: Organization and Functioning (Principles: respect for the democratic process, the EC, and the laws / internal structure democratic rights / duties of the members / activity measurement principle free).
• Chapter 3: Judicial Dissolution or Suspension (Dissolution by decision of members / solvent dissolution via criminal proceedings / dissolution via the new route of the LO - repeated and serious violations).
• Chapter 4: Party Funding (To avoid absolute freedom / public funding (subsidies for election expenses, operating expenses, and other grants) and private funding (shares, own and heritage activities, limits, etc.)).

Electoral System

General characteristics: Criterion of territorial representation and population / number of seats / circumscriptions / lists / electoral formulas.

Citizen Participation

Participation occurs at several levels:

• Parliamentary Level: Initiative of Legislative Proposal (ILP) and right of petition.
• Executive Level (Administrative): Right to hearing on regulations / Right to hearing administrative procedures / Right of access to documents / Right of petition / Open council assumptions.
• Judicial Sphere: Participation by jurors, popular action in constitutional tribunals.
• Economic, Social, and Cultural: Participation of stakeholders, youth, consumers, users, and corporate farm workers.
• By Referendum and Other Forms:
  • a) Within the state field (constitutional reform and advisory referendum).
  • b) On the autonomous community (access to autonomy, approval of statutes, consultative referendums, and surveys).
  • c) At the local level.

Law 1 / 1977 Political Reform

This law served as a bridge from parliamentary monarchy to democracy. Content included: supremacy of law and fundamental rights / courts with legislative review / Senate as a moderator / government's constitutional reform initiative and the General Courts (GC) / possible constitutional initiative by the King / provisions for constituencies for new institutions.