European legislation on public control: problems and prospects of development
This article is devoted to the analysis of modern problems of the development of European legislation on public control. The authors explore the current state and stages of development of European legislation, which forms the basis of public control in the European Union. It is noted that the term "public control" is generally unfamiliar with the legal terminology of both European legislation and the legislation of countries that are members of the European Union. The terminology uses the terms "transparency" and "participation". At the same time, transparency refers to the accessibility and openness of both the authorities of the European Union and the member states. And participation should be understood as the ability of civil society institutions to participate in decision-making of the European Union, to interact with its institutions, for example, through dialogue through civil society organizations of which they are members. The work uses a number of methods of scientific cognition, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper identifies, formalizes and investigates the main problems that hinder the development of the institution of public control in the European Union, in particular, the lack of at the level of the European Union, a single codified act of the constitutional level; the lack of consolidation in European legislation of a direct indication of the right of institutions (subjects) of civil society to exercise control over the European bureaucracy and public authorities of national states members of the European Union, as well as other entities exercising certain public powers on the territory of the European Union (for example, European non-governmental organizations); the lack of the legal doctrine of civil society and its control of comprehensive studies devoted to the analysis of forms, methods, principles, types and forms of activities of the above-mentioned control of civil society; in civil society entities a set of real powers to control the European bureaucracy; consolidation in European legislation of a system of measures of criminal liability of officials of the European bureaucracy for ignoring the requirements of civil society institutions or obstructing their legitimate activities; specialized subjects of the above-mentioned control of civil society.
Authors
- Vitalii Viktorovich Goncharov
- Elena Gennad'evna Petrenko (ORCID: https://orcid.org/0000-0002-7591-0768)
- Andrei Vladimirovich Cheshin (ORCID: https://orcid.org/0009-0000-7572-3076)
- Oleg Nikolaevich Malinovskii
Publication Details
- Journal
- Международное право
- Published
- 2024-11-07
- DOI
- https://doi.org/10.25136/2644-5514.2025.1.71976
- Primary Topic
- Legal and Policy Issues
- Type
- article
- Field-Weighted Citation Impact
- 0.00