Democratic deficit

Question 1

Central critique

Answer 1

EU and institutions are not democratic

Question 2

Conceptions of democracy

Answer 2

a) Structural democracy

b) Democracy in terms of cultural and social community

Question 3

Manifestation of democratic deficit

Answer 3

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

Question 4

a) Unresponsiveness to democratic pressures

Answer 4

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

Question 5

Response to a) Unresponsiveness to democratic pressures

Answer 5

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

Question 6

b) Executive dominance

Answer 6

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

Question 7

Response to b) Executive dominance

Answer 7

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

Question 8

c) Technocratic dominance

Answer 8

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)

Question 9

Response to c) Technocratic dominance

Answer 9

True of most national systems

Question 10

d) Distance

Answer 10

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

Question 11

Response to d) Distance

Answer 11

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

Question 12

e) Transparency and complexity

Answer 12

Lack of transparency re operations of EU

Question 13

Response to e) Transparency and complexity

Answer 13

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

Question 14

f) Weakening of judicial control

Answer 14

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

Question 15

Response to f) Weakening of judicial control

Answer 15

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

Question 16

g) Imbalance between capital and labour

Answer 16

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

Question 17

Follesdal and Hix

Answer 17

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

Question 18

Response to Follesdal and Hix: Majone

Answer 18

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

Question 19

Response to Majone

Answer 19

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

Question 20

Response to Follesdal and Hix: Moravcsik

Answer 20

Executive dominance not problem as long as

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

Question 21

Response to Moravcsik

Answer 21

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

Question 22

Moravcsik

Answer 22

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

Question 23

Moravcsik: DD critiques are myths

Answer 23

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

Question 24

Bellamy and Castiglione

Answer 24

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

Question 25

Overview of measures to alleviate democratic deficit

Answer 25

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

Question 26

Institutional reforms

Answer 26

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

Question 27

a) Increasing powers of EP

Answer 27

Elections - directly elected by MS citizens Law-making powers - constantly expanded, including areas requiring veto

Question 28

b) Rendering Commission more accountable to EP

Answer 28

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

Question 29

c) Recognising some EU level prerogatives to national parliaments

Answer 29

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)

Question 30

Procedural reforms

Answer 30

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

Question 31

a) Law making procedures

Answer 31

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)

Question 32

b) Comitology system oversight

Answer 32

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

Question 33

c) Strenghtening judicial accountability of EU institutions and law making

Answer 33

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

Question 34

Substantive reform

Answer 34

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

Question 35

a) Reinforcing EU treaty references to democratic and social values

Answer 35

References in Art 2, Art 10 TEU Art 7 TEU mechanisms that may remove rights

Question 36

b) Charter

Answer 36

Now binding and regularly referred to by CJEU

Question 37

c) Regulatory competencies to European Social Partners

Answer 37

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

Question 38

Creating European Politician Dimension

Answer 38

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

Question 39

Is there a need to redress deficit

Answer 39

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