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EU LAW SOAS > DEMOCRATIC DEFICIT > Flashcards

DEMOCRATIC DEFICIT Flashcards

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1
Q

A10 Treaty of the European Union (TEU)

A

EU is based on a representative democracy

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2
Q

Define direct democracy

A

Every person gets an actual say

-> referendums an example

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3
Q

Define representative democracy

A

The people elect representatives to make legislative decisions on their behalf

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4
Q

Three aspects of democracy

A

ACCOUNTABILITY
- Can institutions/representatives be held to account
LEGITIMACY
- What authority/mandate do those in power have to make their decisions
TRANSPARENCY
- Is it easy to see the decisions that are made
- Is it is easy to see HOW the decisions are made

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5
Q

3 Articles of TEU relative to democracy in EU

A

A10
A11
A12

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6
Q

A10 TEU

A
  • EU formed from representative democracy

- Introduces idea of political parties forming this democracy

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7
Q

A11 TEU

A

EU must be accountable to its citizens

CITIZENS INITIATIVES = allow direct engagement with the legislative process

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8
Q

A12 TEU

A
  • National P’s relationship with EU
  • Concept of a SUBSIDIARY relationship = EU should only legislate in areas of law which would be advantageous if the EU acted as a whole -> agriculture
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9
Q

Role of the COMMISSION (COM)

A

Executive branch of EU -> initiates policy and legislation

Under A258 TFEU they are responsible for enforcement of EU law

In charge of Common Agricultural Policy (CAP) -> where most of the EUs budget is spent

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10
Q

APPOINTMENT to the COM

A

Nominated by MSs
Oversight of nomination by elected EP, but doesn’t extend further than questioning etc.
EP can’t dismiss a can date without dismissing entire COM under A234 TFEU
Then appointed by European Council (C)

NO REAL ENGAGEMENT WITH CITIZENS

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11
Q

President of COM

A

C votes for a nominee
This must be approved by the EP, but C is clearly more in control
Criticised as the COM President is pretty much President of EU, citizens should be able to vote for them

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12
Q

POWERS of the COM

A

A258 TFEU = enforcing EU law
A17(2) TEU = monopoly on legislation proposals
A17(1) TEU = manages programmes
A314 TFEU = manages draft budget

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13
Q

The COUNCIL (C)

A

A16(2) TEU = shall consist of ministers representative of national govts at ministerial level

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14
Q

Role of C

A

Executive -> initiates legislation with COM and can request they undertake any studies etc to attain common goals
Legislative -> co-decision on legislation with EP (breach of SoP?!)

Represents national interests

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15
Q

What voting system does C use?

A

Qualified majority voting

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16
Q

Why is qualified majority voting in C important?

A
  • Ministers are from national govts voted for by citizens of each MS
  • The number of votes given to each country is dependent on population size
  • This ensures the majority of EU citizens approve legislation
  • Indirect democracy?
  • Can allow for discrimination against smaller countries
17
Q

How is EP elected?

A

Directly by citizens every 5 years (only directly democratic body)

18
Q

How did SINGLE EUROPEAN ACT 1986 make EP more powerful?

A

Previously only had to be consulted on legislation -> was given power of veto on legislation

19
Q

What is voter turnout like for EP?

A

POOR

  • Use of party system different from national parties is confusing
  • Lack of publication
  • 2014 only 42.6% turn out
  • 1999 saw 23m vote in BigBrother results, compared to 11m in EP elections
20
Q

Powers of EP

A 
Jointly decides with C (via co-decision) on legislative/budgetary matters 
Since MAASTRICHT (TEU) 1992 has power to appoint COM president
Is supervisory of other institutions
21
Q

How did the LISBON TREATY 2007 make the EU more democratic?

A

Gave EP greater powers of scrutiny over other bodies

22
Q

WEILER’S 4 definitions of democratic deficit

A
  1. Increased role of executive COM in matters of legislation
  2. Weakness of EP
  3. Lack of ‘European’ elections
  4. Decrease in national parliamentary control
23
Q

How does the COM add to democratic deficit?

A
  • Excessive control over law making even though unelected
  • Primary control over secondary legislation = director of policy with exclusive power to initiate legislation
  • Has power to take MSs to ECJ for not apply treaties correctly
24
Q

How does EP contribute to democratic deficit?

A
  • Limited power on legislation
  • Smaller MSs overly represented
  • No power of selection process of COM
  • Citizens have no real connection or interest with it = low turnout =not really representative
25
Q

How does the C contribute to democratic deficit?

A
  • Only very indirectly elected

- Stresses supranational institutional framework -> already too distant from national parliaments and voters

26
Q

Domestic impact of democratic deficit?

A
  • Expanding scope of EU governance = encroaching on rights of national citizens -> decrease in power of domestic parliaments in favour of domestic executives
  • Institutions are disproportionately controlled by national executives via C or indirectly through COM
27
Q

Positives of the current system?

A
  • Holds domestic executives to account as they are scrutinised on an EU level as well as domestic
  • Recent studies show only 10-20% of national laws are decided in Brussels
  • EU plays little role in national issues of govt spending and direct administration
28
Q

Which 2 treaties developed legitimacy of EU power?

A

MAASTRICHT 1992

LISBON 2007

29
Q

What did MAASTRICHT 1992 introduce?

A
  • Status of EU citizenship -> can vote/stand in EP elections in country of residence not birth
  • Legislative process of ‘co-decision’, making C and EP equal
30
Q

What did LISBON TREATY 2007 introduce?

A
  • Significant increase of EP powers

- Any EU citizen has right to petition the EP

31
Q

Solutions to deficit?

A
  • BOGNADOR believes results of EP elections should be tied to nominations for COM
  • MEPs should be allowed to suggest legislation themselves -> making EP more like national parliaments = greater public understanding

BUT
- Expanding EP powers is only pseudo-solution as the democratic deficit is structural problem

EU LAW SOAS (12 decks)

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