3 - Democracy In EU Law (Between Ideals and Practices) Flashcards
Outline of lecture? (2)
1/ EU legal-constitutional concept of supranational/multi-level democracy
2/ main challenges of EU democracy?
What is an argument in support of the EU being democratic?
EU democracy as a legal-constitutional reality (Art. 2, 10 TEU)
Why can EU democracy be apprehended as a legal-constitutional reality? (3)
1/ Art. 2 TEU: EU values (‘democracy’, ‘rule of law’)
2/ Art. 10 TEU: representative democracy
3/ Arts. 9-12 TEU: new concept of a post-national multi-level democracy
How to evaluate EU democracy? (4)
1/ democratic by what standards?
2/ depends on view of what the EU is for
3/ ‘chicken and egg’ dilemma => political community or idea of PC first?
4/ modern nation States as political communities were ‘legally constructed’ (Habermas)
What is the legal basis for EU democratic principles?
Lisbon Treaty, Title II TEU (Arts. 9-12)
Article 9 TEU and EU democracy? (2)
1/ ‘equal EU citizens’
2/ does not mention ‘the people’
Arts. 1(2) and 10(1)(2) TEU & EU democracy? (3)
1/ principle of representative democracy
2/ co-existence with national democracy
3/ dual nature of representation
Arts. 10(3) and 11 TEU & EU democracy?
Principle of participatory democracy
Art. 12 TEU & EU democracy?
National parliaments also sources of EU democratic legitimacy
Art. 50 TEU & EU democracy? (2)
1/ possibility to exit the EU = democratic self-determination of MS
2/ ibid for possibility to withdraw exit notification (Wightman)
What is the presumption regarding representation within the EU? (3)
1/ EU legitimacy derived from 2 subjects
2/ EU citizens via EP
3/ MS via European Council and Council
General info about EP? (4)
1/ direct elections since 1979
2/ functions in Art. 14 TEU (& Arts. 223-234 TFEU)
3/ extent of powers depends on legislative procedure
4/ no right to initiate legislation
What are functions of the EP (Art. 14 TEU)? (2)
1/ legislative and budgetary (with Council)
2/ political control & consultation
What elements make up for the absence of EP right to initiate legislation? (2)
1/ can request an EC proposal (Art. 225 TFEU)
2/ can propose amendments to legislation
What did Von der Leyen make in July 2019? (2)
1/ political commitment
2/ EC will put forward legislative proposal if EU resolution passed with majority of constituent members
What did EP do in May 2022? (2)
1/ triggered Art. 48 TEU
2/ proposed Treaty amendments, incl. codification of EP right of initiative
What are criticisms addressed to the (lack of) representativeness of the EP? (6)
1/ no European electoral law nor European parties
2/ second order elections, focus on domestic issues
3/ no equality of votes?
4/ lower voter turn out
5/ ‘cannot throw the squandrells out’, lack of political accountability of EU ‘governing’ institutions
6/ absence of a ‘societal substructure needed for vibrant democracy’ (Grimm)
Why the criticism that there is no European electoral law/European parties? (7)
1/ national election campaigns
2/ national delegates from national parties
3/ European ‘party groups’ are built in the EP
4/ hence, no transnational EU parties and delegates
5/ voting system simultaneously determined by EU and national law
6/ no agreement on uniform election procedure
7/ however, see EP proposal of May 2022 (pushing to harmonise electoral law)