LEGAL CURIOSITIES.

DEMOCRATIC DEFICIT IN THE EU?

Despite some democratic presence within the EU, embodied by the European Parliament (EP), democracy remains limited and is a recurring critique of the EU with the name “democratic deficit”. The 1976 election act created democratic elections for the European Parliament and the treaties provide that: "the members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot". However, the directly elected institution holds less decision-making power than the indirectly elected Council of the European Union, resulting in the advancement of the interests of the member states rather than their citizens. Furthermore, although there exist some checks and balances between the EP and the European Commission, allowing the EP to censure the latter following a vote of censure under Article 234 TFEU, the commission remains with the legislative initiative and individual commissioners cannot be made to resign. Overall, the argument or critique of the democratic deficit of the EU is supported by the less significant power the EP holds in comparison to indirectly elected institutions.

Written by Adam Paska.

Picture by: https://www.cfr.org/backgrounder/how-does-european-union-work.

Sources:

1. News European Parliament.

2. European Studies Hub

3. http://ieie.itam.mx/docs05/Montse%20Pi/Majone.pdf

DID YOU KNOW WHAT LEGILATIVE EFFECTS DID BREXIT HAVE?

The United Kingdom's departure from the European Union has greatly impacted a wide range of sectors, including legislation. Among multiple changes and new restrictions on both Britons and Europeans, such as the end of the freedom of movement, has been an even greater stride to abolish existing EU legislation in the UK, which has for long shaped their legal framework. On 22 September 2022, the UK government proposed “The retained EU law bill”, also called “Brexit freedoms bill”, the purpose of which is to abolish existing and remaining EU law in the UK by 2023. Although applauded by some, critics stipulate their fear of extensive gaps that such vast withdrawal of legislation could create, viewing it as a threat to established rights. The bill has now passed the house of commons and is currently undergoing a second reading in the house of lords.

Written by Adam Paska.

Picture by: Institute for goverment.

Sources:

https://www.euronews.com/my-europe/2022/12/29/brexit-draft-deal-first-of-many-hurdles-to-a-smooth-exit.

https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2022)738200

https://bills.parliament.uk/bills/3340

DID YOU KNOW THAT CALIFORNIA IS A PIONEER IN THE US FIGHT AGAINST PLASTIC POLLUTION?

“The plastic manufacturing industry is expected to triple by mid-century to 32 million tons a year.”(Parker, 2022) The EU has been a pioneer in the global fight against plastic, reflected in the European Union’s Plastics Regulation, (EU) No. 10/2011, on plastic materials and articles intended to come into contact with food. However, recently, certain US states strive to achieve a similar legislative framework, taking account of the urgency and magnitude of the situation. Specifically, thirty-three states have enacted extended producer responsibility (“EPR”) laws, requiring producers to internalize some of the end-of-life costs of their products, possibly incentivising more responsible and eco-friendly practices. Further, “On June 30, 2022, Governor Gavin Newsom of the US state of California signed Senate Bill 54 which starts the process for the state creating the largest extended producer responsibility (EPR) program and strictest plastic reduction targets in the US.” (California passes strongest EPR and recycling legislation in the US 2022) This bill has an ambitious agenda, rerquiring all packaging in California to be recyclable or compostable, plastic packaging production to be reduced by 25% and 65% of packaging to be recycled after use, and all by 2023. The achievement of this initiative could serve as an encentiove for the whole country, surely improving the plastic situation globally.

Written by Adam Paska. Picture by https://www.latimes.com/california/story/2022-02-23/california-approves-microplastics-ocean-plan.

Sources:

- California passes strongest EPR and recycling legislation in the US. Food Packaging Forum. (2022, July 7). Retrieved January 12, 2023, from https://lnkd.in/diKizHpP

- Parker, L. (2022, July 7). California's sweeping new plastics law could be a game changer. Environment. Retrieved January 12, 2023, from https://lnkd.in/gyxEpGTJ

DID YOU KNOW THAT CHEWING GUM IN SINGAPORE IS ILLEGAL?

Chewing gum has created environmental problems in Singapore which consequently impacted the governments spending, as in 1983, the Housing and Development Board (HDB) was seen to allocate “US$150,000 annually to clean up the mess created by chewing gum litter.”(Arts)Thus, Singapore enacted an article prohibiting such conduct, specified under Art. 8 and the first schedule specified rules of the Control of Manufacture Act 1959.

Art. 8 states that “Any person who engages in the manufacture for sale or other commercial purposes of any goods specified in the First or Second Schedule…shall be guilty of an offence and shall be liable”, either to “a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction” If unregistered and to “a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction” if said person is registered. Paragraph 4 of the first schedule mentioned one of the specified goods as “Chewing gum, bubble gum, dental chewing gum or any like substance, not being a health product categorized as an oral dental gum or a therapeutic product in the First Schedule to the Health Products Act 2007.”

It portrays that mere consumption is not penalized, rather the import and sale within the country. It also conveys the partial lift of the ban on chewing gums, by allowing health products such as oral dental gum or therapeutic gum since 2004.

Written by Adam Paska. (Picture by: Sweet Singapore)

Sources: “Arts.” Infopedia + Chewing Gum Is Banned - Singapore History + “Search within Legislation.” Singapore Statutes Online.

DID YOU KNOW THAT VAGRANCY IS CRIMINALIZED IN LOS ANGELES?

In 2018, Philip Alston, the United Nations special rapporteur on extreme poverty, toured the United States and mentioned that about 40 million people live in poverty, 18.5 million in extreme poverty, and 5.3 million in “absolute poverty.” In spite of the consequent human rights report, Eric Garrett, the mayor of Los Angeles, administered in 2019 laws that criminalize homelessness, also called vagrancy, despite LA having more than 66,000 homeless people who will now face citations, fines, or misdemeanor charges for lacking a home in public. Supporters of these laws say that it does not prohibit vagrancy, but rather regulate it, reflected in the statement of Councilman Paul Krekorian: ”This ordinance first of all does not make homelessness illegal.” However, considering measure 13-2 and its extensive restrictions, prohibiting vagrancy in any space on a public sidewalk, within 500 feet of a school, daycare, park, or library, and many more, one questions to what extent is vagrancy still allowed, surely inhibiting peoples already hard lives.

Written by Adam Paska. (Picture by:Champions in the House: Hospitality Tackles Homelessness ).

Sources: Criminalizing Homelessness Violates Basic Human Rights + Independent.

DID YOU KNOW THAT ZOOPHILIA IS STILL LEGAL IN MANY COUNTRIES?

Bestiality refers to sexual activity between humans and animals. Although many states criminalize animal cruelty, bestiality does not fall under the purview of such articles, leaving animals vulnerable; when there are no laws expressly criminalizing the sexual assault of animals. In section 30-18-1 of the New Mexico statutes on cruelty to animals and extreme cruelty to animals, Art. B(1) defines cruelty to animals as “negligently mistreating, injuring, killing without lawful justification or tormenting an animal”. Similar provisions exist in several other states in the US, including Hawaii, Kentucky, Nevada, Ohio, Texas, Vermont, West Virginia, and Wyoming. Although bestiality may be prosecuted as animal cruelty, it limits the cases to where visible physical harm is not seen on the animals, excluding many cases from prosecution. Further, in other countries, such as Finland, Romania, and Hungary, bestiality remains legal if the animal is not harmed, showing a similar issue and leaving animals vulnerable.

Written by Adam Paska. (Picture by: News).

Sources: Animal Legal Defence Fund + Peace International Law Review  + News.