4 - Multilevel Democracy and Judicial Review in the EU Flashcards
2 introductory examples?
1/ Brexit
2/ PSPP ruling
What is ultimate ground of PSPP ruling and the 2 considerations it is based on? (3)
1/ pcple of democracy
2/ ECB consists of unelected technocrats
3/ NPs decide about conferral of competences to EU, but ECB is exceeding these competences
Criticism of PSPP ruling? (3)
1/ ‘bomb under EU legal order’
2/ pcple of primacy seems undermined as CJEU is supposed to have exclusive power to review acts of EU institutions
3/ risk of spillover effect (other MS using this judgment as precedent)
What is democracy? (3)
1/ form of Gvt
2/ where the people rule
3/ embodies commitment to political equality
Why does democracy embody commitment to political equality? (2)
1/ 1 person = 1 vote
2/ majority rule
What is democracy in modern States?
Representative
How does representative democracy materialise itself in practice? (2)
1/ people elect Parliament
2/ Parliament controls Gvt
Is democracy important? (2)
1/ way to legitimize public authority
2/ people must have reason to obey public authority => question of legitimacy
What are different ways to assess legitimacy of public authority? (2)
1/ outcome, i.e. decision is right
2/ process, i.e. everyone participated
What is Plato’s critique of democracy? (2)
1/ minority of philosophers should rule
2/ philosophers are well-educated and know what is best for society & ind.
What is problematic with Plato’s criticism of democracy? (2)
1/ today’s societies are pluralistic and there are hence no criteria to determine the best outcome
2/ power corrupts so chances are high that it will be abused if conferred to a minority
What does Jeremy Waldron refer to regarding the importance of democracy?
‘Circumstances of politics’
Why does Waldron refer to ‘circumstances of politics’? (2)
1/ we need to live together but disagree how
2/ there are no outcome-based standards so we adopt procedures we believe are fair
What does democracy do in circumstances of politics?
It provides legitimacy
Why does democracy provide legitimacy in circumstances of politics? (3)
1/ citizens have equal right to participate
2/ decision takes place after debate
3/ democracy = response to disagreements about what best decisions are
Considerations surrounding democracy in the EU? (4)
1/ EP and Council have no right of initiative
2/ Commissioners are selected by MS/European Council
3/ EC President and EC are approved by EP
4/ EC as a whole can be sent away by EP
What are some noted problems regarding democracy in the EU? (4)
1/ executive dominance and decrease in parliamentary control
2/ EP too weak
3/ European elections still second-order
4/ distance btwn EU and citizens
What do Hix & Follesdal see as a major democratic pb of EU? (3)
1/ no contestation for political leadership at EU level
2/ no contestation of direction of policy agenda at EU level
3/ European elections seen as ‘second-order’ elections
According to Hix & Follesdal, why is there no political leadership and direction of policy agenda at EU level? (3)
1/ national & EU elections not about direction of EU policy
2/ Council is insufficiently transparent
3/ key issue is the lack of institutional mechanism for competition over EU policy agenda
Which solutions do Hix & Follesdal put forward? (3)
1/ establishment of institutional mechanism for politics in EU
2/ establishment of mechanism for electoral competition about policy agenda of EU
3/ e.g. tying election of EC President to EP elections (Spitzenkandidaten)
What are the 2 different visions about democracy in the EU?
1/ intergovernmentalism => cooperation of States
2/ federalism => European State
Characteristics of intergovernmentalism & democracy? (3)
1/ MS = main locus of democracy
2/ intergovernmental institutions in charge (e.g. European Council, Council)
3/ see Art. 48 TEU (‘MS are masters of the Treaty’)
Characteristics of federalism & democracy? (3)
1/ replicate democracy at EU level
2/ supranational institutions in charge (e.g. EP)
3/ see strengthening of EP powers overtime
What is main topic of Scharpf’s work regarding democracy at EU level?
Legitimacy in the multi-level European polity
What does Scharpf distinguish btwn? (3)
1/ republicanism
2/ liberalism
3/ liberal democracies combine both
Characteristics of republicanism? (4)
1/ collective decision-making
2/ majority decides
3/ public deliberation
4/ electoral accountability
Characteristics of liberalism? (2)
1/ priority to the individual
2/ negative liberty
What does Scharpf criticise about EU democracy? (5)
1/ EU too liberal rather than republican
2/ overriding importance is given to certain freedoms
3/ high consensus requirement of EU decision-making
4/ powerful Court that is difficult to correct politically (idem for ECB and EC)
5/ deregulatory effect of CJEU
What solution does Scharpf suggest to counter democratic pb EU? (3)
1/ political override of CJEU judgments
2/ e.g. through majority vote by European Council
3/ this would protect MS democracies
What is the common point btwn Hix-Follesdal and Scharpf?
All criticise limited room for politics in EU
What do Follesdal & Hix mainly focus on? (3)
1/ electoral competition
2/ aim: creation democracy at EU level (more federalist)
3/ rather optimistic: EU identity and sphere as consequence of democratic competition
What does Scharpf mainly focus on? (3)
1/ legal and institutional structure EU
2/ protection democratic autonomy MS (more intergovernmental)
3/ rather sceptical: no European people and public sphere => there cannot be a European democracy
Main contributions of Brunner et al. judgment of GCC (1994)? (6)
1/ upholds Maastricht Treaty
2/ critical of EU democracy
3/ origins of no-demos thesis
4/ powers of EU must be limited
5/ democratic basis for EU integration lies with NPs
6/ GCC must review whether EU remains within its competences
2 consequences of Brunner et al. judgment?
1/ limits to power transfers to EU
2/ ultra vires review
Position of GCC regarding EU democracy in Lisbon ruling (2009)? (2)
1/ critical of EU democracy
2/ essential areas of decision-making should not be Europeanised
What are problems in the EU since the euro-crisis (2010-present)? (3)
1/ expansion of EU powers to politically sensitive issues (budgetary implications)
2/ democratic concerns
3/ concerns about legality of measures
3 key issues to be discussed in the tutorial?
1/ idea of democracy of GCC
2/ what obstacles for EU integration?
3/ should CCs decide on these issues?
