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EU Law > Democratic deficit > Flashcards

Democratic deficit Flashcards

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1
Q

Central critique

A

EU and institutions are not democratic

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2
Q

Conceptions of democracy

A

a) Structural democracy

b) Democracy in terms of cultural and social community

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3
Q

Manifestation of democratic deficit

A

a) Unresponsiveness to democratic pressures
b) Executive dominance
c) Technocratic dominance
d) Distance
e) Transparency and complexity
f) Weakening of judicial control
g) Imbalance between capital and labour

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4
Q

a) Unresponsiveness to democratic pressures

A

Voters can change politicians through general elections but cannot change EU governing institutions besides EU Parliament

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5
Q

Response to a) Unresponsiveness to democratic pressures

A

Gradual response rather than no response at all over 28 elections producing 28 Ministers

Political majority has moral authority to create winners and losers
EU lacks similar authority

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6
Q

b) Executive dominance

A

EU governance concentrated in executive institutions at expense of democratically elected ones

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7
Q

Response to b) Executive dominance

A

Similar complaint internally for other MS e.g. UK

Might actually have less executive dominance and more separation of powers in EU since Commission does not need to have majority in EU Parliament

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8
Q

c) Technocratic dominance

A

Most EU law embedded in secondary legislation implementing and delegated powers shaped by technocratic bodies

Problem: technocracy is not free of ideological influences, not fully pragmatic 9Keynes)

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9
Q

Response to c) Technocratic dominance

A

True of most national systems

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10
Q

d) Distance

A

Important law-making competencies transferred to Brussels and further away from national citizens

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11
Q

Response to d) Distance

A

MS governments probably exercising powers in no more effective or accountable way than EU institutions

Conferring power to Brussels gives smaller MS new powers, by pooling sovereignty with others

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12
Q

e) Transparency and complexity

A

Lack of transparency re operations of EU

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13
Q

Response to e) Transparency and complexity

A

True
Very technical, committee-driven: hard to achieve accountability given opacity of processes
Electorate cannot make informed decisions: meaningless democracy exercise at election

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14
Q

f) Weakening of judicial control

A

EU law being supreme, judicial authorities have lost the power to exercise their function of judicial control to CJEU

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15
Q

Response to f) Weakening of judicial control

A

Judicial control by CJEU may empower courts to set aside conflicting national laws and ensure 4 freedoms

Itself problematic: EU treaties involve economic constitution primarily

Economic principles treated as fundamental rights protected by courts

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16
Q

g) Imbalance between capital and labour

A

EU is structurally committed to promotion of free market interests, reinforcing existing imbalance between capital and labour, business interests, workers/social interests

17
Q

Follesdal and Hix

A

Unresponsive to democratic pressures - requires contestation for political leadership and argument over direct of policy agenda

5 problems of executive dominance

a) Weak EP
b) No European elections
c) Institutional distance
d) Psychological distance
e) Arena for neo-liberal policy drift from voters

18
Q

Response to Follesdal and Hix: Majone

A

EU need not democratic in traditional sense: performs technical functions, not redistributive, just has to be efficient and accountable

19
Q

Response to Majone

A

Inadequate since many policies are redistributive, involve ‘winners and losers’ that require democratic mandate

20
Q

Response to Follesdal and Hix: Moravcsik

A

Executive dominance not problem as long as

a) Governments are accountable domestically
b) EP powers increased over time
c) EU policy making transparent

21
Q

Response to Moravcsik

A

Idea of compromise will lead to centrist policies, which is misleading as EU generates neo-liberal policies and do not reflect shifts in policy preferences

a) Lack of accountability nationally not EU’s fault e.g. Danish government has EU Affairs committee

b) Countries minded with particular issues only, giving rise to closed doors negotiations to gain support over issues they are vested in
- MS want to retain this

  • EU should aspire to actual and competitive democracy
    Potential for change and democracy at EU level
  • Council must be more transparent and Commission must be recognised as political and not technocratic actor
22
Q

Moravcsik

A

Europe’s legitimacy rests in MS; more transfer of power and democratic representativity to EU institutions will exacerbate it

23
Q

Moravcsik: DD critiques are myths

A

a) EU not superstate - limit to 10-20% of national decision-making
b) EU not technocracy - small civil service, stringent checks and national oversight
c) EU not unaccountable - most powers rest on representation of MS
d) National referendum
e) Low public participation/interest not indication of mistrust
f) Low public participation/interest not due to stifling EU institutional set-up

24
Q

Bellamy and Castiglione

A

Solution to DD is not strengthing EP or enhancing MS control over EU
- Role of national parliaments ought to be strengthened in recognition of the fact that Europe is composed of several peoples

25
Q

Overview of measures to alleviate democratic deficit

A

a) Institutional reforms
b) Procedural reforms
c) Substantive reforms
d) Creating European political dimension

26
Q

Institutional reforms

A

a) Increasing powers of EP
b) Rendering Commission more accountable to EP
c) Recognising some EU level prerogatives to national parliaments

27
Q

a) Increasing powers of EP

A

Elections - directly elected by MS citizens

Law-making powers - constantly expanded, including areas requiring veto

28
Q

b) Rendering Commission more accountable to EP

A

Strengthened role of EP

  • Hustings
  • Proposal by Councils first
  • Votes in College of Commissioners
  • Art 17(8) TEU: Commission responsible to EP
  • EP has threatened to block whole Commission before e.g. 1999, forced resignation
29
Q

c) Recognising some EU level prerogatives to national parliaments

A

Treaty of Lisbon: yellow card or reasoned opinion when Commission legislative proposals infringe principle of subsidiarity

If majority of Ps issue yellow cards, Council or EP can vote down (orange card)

30
Q

Procedural reforms

A

a) Law making procedures
b) Comitology system oversight
c) Strenghtening judicial accountability of EU institutions and law making

31
Q

a) Law making procedures

A

Unanimous vote in Council now exceptional (Art 238 TFEU)

Co-decision/ordinary legislative procedure (Art 294 TFEU)

Ending Commission agenda/setting, right of initiative monopoly
P may request Commission to submit any proposal
(Art 225 TFEU)

32
Q

b) Comitology system oversight

A

Committees from MS to oversee executive activites of Commission, and oversight attribution to EP

33
Q

c) Strenghtening judicial accountability of EU institutions and law making

A

Enhanced fundamental rights

a) Art 263(4) TFEU: reformed standing requirments for private litigants seeking JR for non-implementation of regulation
- Circumvent strict ruling in Plaumann

b) Art 6(2) TEU: ECHR accession

34
Q

Substantive reform

A

a) Reinforcing EU treaty references to democratic and social values
b) Charter
c) Regulatory competencies to European Social Partners

35
Q

a) Reinforcing EU treaty references to democratic and social values

A

References in Art 2, Art 10 TEU

Art 7 TEU mechanisms that may remove rights

36
Q

b) Charter

A

Now binding and regularly referred to by CJEU

37
Q

c) Regulatory competencies to European Social Partners

A

Art 155 TFEU: EU Social Partners (EU level trade unions and employers representative organisation) to adopt Framework Agreements in socail sphere that can be incorporated in EU Directives
e.g. parental leave

38
Q

Creating European Politician Dimension

A

a) Eurozone crisis in 2012
b) Pan European anti austerity movement
c) European Parliament elections (direct)

European political parties act according to party lines rather than national interest lines

39
Q

Is there a need to redress deficit

A

Wrong comparative basis

  • National models (Hix)
  • Can never match the models, MS as main providers of legitimacy fo EU project (Moravcsik)

Own distinct basis

a) Menon, Weatherill: Eu’s legitimacy based on output legitimacy
b) Marks: EU as complex and multi level governance, with democratic inputs at various levels

But limited normative value, only descriptively useful

EU Law (9 decks)

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