University:
University College London
Course:
LAWS0006 | Public Law
Academic year:

2024
Views:

307

Pages:

4
Author:

Nam B.

The Executive Power in Comparative Perspective Presented by: Dr. Attila Date: 31 August 2024 Starting Point - Jacques Necker, 1792 • "The executive power is the moving force of a government. It represents, in the political system, that mysterious principle which, in moral man, unites action to the will" - Harvey C. Mansfield, 1989 • "The beauty of executive power [...] It can reach where law cannot, and thus supply the defect of law, yet remain subordinate to law" Overview - The structure of the executive power - Governments as key actors of the executive power - • How to define the government? • How to form the government? • How to overthrow the government? Territorial level of the executive The Structure Of Executive Power Who Holds The Executive Power? - Dual executive expresses verbs • - - Poland Indirect reference to dual executive • Czechia • Slovakia Solely the government - - • Croatia • Hungary • Serbia No reference • Romania • Slovenia "Executive power shall be vested in the President of the Republic of Poland and the Council of Ministers" Forms Of Government - - Parliamentary • Hungary • Slovakia • Slovenia "Quarter-presidentialism" • Croatia • Poland • Czechia • Romania • Serbia - Semi-presidential - Paradoxes, ambiguities, confusions, disagreements... Governments As Key Actors Of The Executive Power How to define the government? - Exact definition • Czechia: “highest body of executive power" • Hungary: “the general organ of executive power" • Serbia: “the holder of executive power" • Slovakia: “the supreme executive body" • Croatia: “exercise executive power" - Establishing the functions • Poland  “The Council of Ministers shall a) conduct the internal affairs and foreign policy of the Republic of Poland, b) ..." • Romania  “The Government shall, [...] ensure the implementation of the domestic and foreign policy ..." - None • Slovenia How To Form The Government? - Legitimacy • President: certain leeway • Consultation with the leaders of the parliamentary parties (or deputy groups)  Romania  Serbia  Slovenia - Nomination - Negotiation/ appointment - Parliamentary ratification How Is The Confidence Manifested? - Negative (Only "tolerance") - Positive (Explicit support • When shall an investiture vote take place?  Ex-post formation vote o Appointment => Vote of conf' ➢ Czechia ➢ Poland ➢ Slovakia  Ex-ante formation vote o Vote of conf' => Appointment ➢ Croatia ➢ Hungary ➢ Romania ➢ Serbia ➢ Slovenia How To Bring Down A Government? - Motion (vote) of no confidence (Initiated by the MPs) • Regular  Croatia  Serbia  Czechia  Slovakia  Romania • Constructive (designation of a new PM!)  Hungary  Poland  Slovenia - Motion (vote) of confidence (Initiated by the PM/gov') • Only per se  Croatia  Poland  Serbia • Even linked with a proposal  Czechia  Hungary  Slovakia  Slovenia