Democracy And Institutional Balance Flashcards
What was the EU average turnout at the first EP elections in 1979?
61.9%
What was the EU average turnout to EP elections in 2014?
42.61%
In which case did the CJEU rule that if the Treaty gives an institution a prerogative then it must be allowed to exercise it? What was the case about?
Comitology [1988]
Where Treaty said that EP does not participate in legislative process but required Council to consult the EP. Have to consult.
In which case did the CJEU confirm that it polices the powers of the institutions by reaffirming that where the EP is required to be consulted by the Council and Commission it must be consulted before a decision is made?
Chernobyl [1990]
What are the 5 criticisms of a EU democratic deficit?
(1) progressive increase in executive power and corresponding decrease in national parliamentary control
(2) EP is too weak, not enough powers to compensate for decrease in national parliamentary control
(3) no direct European elections of EU government and national basis of EP elections
(4) EU is too distant from citizens
(5) Policy drift - no support from majority of EU citizens
Have all the treaties from 1957 to the Treaty of Lisbon been approved by national parliaments?
Yes.
Where is the requirement for national parliaments to monitor the application of the principle of subsidiarity?
Art 12 TEU
What is the principle of subsidiarity?
The idea that the EU should only act in areas which do not fall within its exclusive competence only if better achieved at EU level than at MS level. Determines the level of decision-making.
How long do MS’s national parliaments have to write a reasoned opinion stating that they think the legislative proposal from the Commission does not comply with the principle of subsidiarity?
8 weeks.
How many votes must be cast in opinion of infringement of principle of subsidiarity for the Commission to be asked to reconsider the proposal?
One third of all votes
In which case did the CJEU rule that EU legislation ensured that all tobacco products were labelled the same way, and this did not infringe the principle of subsidiarity?
Tobacco Labelling Case [2002]
In which case did the CJEU decide that the EU legislating on the maximum number of hours to be worked in a week was an appropriate use of its competence in health and safety?
Working Time Directive Case [1996]
Who argues that the democratic deficit is overstated, the intergovernmental cooperation means that actions of elected national governments and that checks and balances ensure transparency in the EU?
Andrew Moravcsik (2002)
Who argues that the EU suffers from a credibility crisis, not a democratic deficit?
Majone (2000)
What do Follesdal and Hix (2006) argue about the democratic deficit?
- indirect control via national goes provides control over policy where intergovernmental decision-making (e.g. CFSP) but not where supranational (e.g. Single market regulation)
- EP elections are second-order national elections
- need battle for Commission president for greater democracy
