Political Representation in the European Parliament: A Reform Proposal (synthesis and development)

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Political Representation in the European Parliament: A Reform Proposal (synthesis and development)
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  Politicai representation in thè EU Working and Policy Paper Series Politicai representation in thè European Parliament: A Reform ProposaiCarlo Cerutti Working Paper No. 1/2014 March 2014  Politicai representation in thè European Parliament: A Reform Proposai Carlo Cerutti  All views expressed in this paper are those of thè author and do not engage anyone but thè author.  Politicai representation in thè European Parliament: A Reform ProposaiCarlo Cerutti Politicai representatic'i >nthè European Parliament: A Reform Pronr>s^l Carlo Cerutti Carlo Cerutti, PhD candidate Department of Law, LUISS Guido Carli, Rome E-mail: carlo.cerutti@hotmail.it  "Thus arises a city, not of freemen, but of masters and slaves, thè one despising, thè other envying;and nothing can be more fatai to friendship and good fellowship in states than this:for good fellowship springs from friendship; when men are at enmity with one another, they would rather not even share thè same path"(Aristotle, Politics,  IV (A), 11,1295 b). Politicai representation in thè Europea^ °£rliament: A Reform Proposai Carlo C«^"i:tti 1. ANALYSIS AND DEFINITION OF POLITICAL REPRESENTATION1.In a literal sense, thè noun "representation" stands for: a) thè act of meaning: for example, thè breaking of thè bread at thè Last Supper represents thè passion and sacrifice of thè body of Christ on thè Cross; b) thè act of making something present: to make present in a certain way what is absent, e.g. thè bread represents thè body of Christ, or to show thè presence of someone or something, e.g. to represent money, thè  price of something sold. On thè other hand, thè adjective "politicai" refers to what has to do with thè collective life of an organized group of people and, in particular, to what regards State and government, in opposition both to economie faets and so-called social issues, both to justice and administration, as well as to other activities of civil life, like art, science, teaching and national defence (Lalande, 1971: 639-640 and 725). Therefore, thè expression "politicai representation" - as thè etymology of thè words "repraesentatio" and " ttoàitikóc ;" suggests - means "thè making present in some sense of something which is nevertheless not present literally or in fact" and which is related to State and government (Pitkin, 1967: 8-9).In private law, "representation"   means thè substitution in front of a third party of a subject (thè representative  or procurator) in thè legai activity of another subject (thè represented   or dominus) (Gazzoni, 2011: 1045). In other terms, representation  is thè conclusion of a legai transaction, by a legai subject (thè representative ), on behalf   (in thè interest) - but not necessarily in thè name - of another legai subject (thè represented  ) and towards a third party, except - in any case - that thè representative is overly 1 I thank my friend Vivienne Formosa, Senior Teacher at thè British Institute and Cambridge Examiner, for thè linguistic revision.  Politicai representation in thè European Parliament: A Reform ProposaiCarlo Cerutti dependent or autonomous with relation to thè represented (Barbero, 2001: 227-229], Thus, there is no representation when thè activity of thè one who acts on behalf of another is carried out with such a dose connection as to give rise to a nuntius  figure, or when thè activity of thè one replacing another in thè exercise of its rights or in thè fulfillment of its obligations is so autonomous that thè former has no connection with thè legai sphere of thè latter (Zangara, 1952: 17).Referring to usuai classifications, representation can be distinguished in: a) voìuntary  and legai,  according to whether thè representative power is conferred on thè representative by thè represented or by law; b)  subjective  and organic,  according to whether thè representative and thè represented are two separated legai subjects or thè first one is an organ of a legai person and thè second one is that legai person; c) individuai  and collective,  according to whether thè represented interest is individuai  (belonging to an individuai) or collective  (belonging to a community); d) of interests  and ofwills,  according to whether thè represented interest is objective  (determined by thè representative) or  subjective  (determined by thè represented). The subjective representation, in turn, can be distinguished in direct   and indirect,  according to whether thè representative acts in someone else's name  (with immediate destination of thè legai effects of thè transaction on thè legai position of thè represented) or in his own name  (with immediate destination of thè legai effects of thè transaction on thè legai position of thè representative, but with thè obligation to re-transfer them on thè legai position of thè represented). The collective representation, in turn, can be distinguished in  generai  and  special,  according to whether thè represented interest is  generai  (belonging to thè totality of thè components of thè community) or  special   (belonging to a majority or a minority part of thè components of thè community) (Barbero, 2001: 230-232).In public law,  politicai representation  can be defined as thè representation of a State of classical democracy (Biscaretti di Ruffìa, 1988: 64-70). In fact,  politicai representation  is thè representation of politicai interests (or generai interests), which tends to reach a harmonious synthesis of thè various collective interests (as well as individuai ones) (Mortati, 1991: 226). At thè same time, however,  politicai representation  can be conceived as representation of thè people, it being understood that representative assemblies are neither practically nor juridically able to act as a full-lenght mirrar of thè nation, because this is prevented both by thè formalities of their election and by thè functions that they are called to carry out (Paladin, 1998: 267).
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