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Law Second Year > EU Law - Democratic Deficit > Flashcards

EU Law - Democratic Deficit Flashcards

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1
Q

Article 225 TFEU

A

P can request Com submit legislative proposal

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2
Q

How did the Lisbon Treaty try to recognise EU level prerogatives to NPs?

A

Articles 6 - 7 Protocol on the Application of the Principles of Subsidiarity and Proportionality

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3
Q

Who argued EU policy is skewed towards interests of owners of capital?

A

Streeck and Schmitter

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4
Q

What academics argue it is wrong to compare EU to nation states?

A

Menon and Wetherill

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5
Q

Who argued EU only performs Pareto-efficient functions rather than redistributive functions?

A

Majone

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6
Q

What is the EU citizens’ initiative?

A

If more than 1 mil citizens from 7+ Members ask Com to propose a law, Com must consider

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7
Q

Three broad examples of institutional reforms

A

Increase EU P powers, OLP and recognise EU level prerogatives to NPs

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8
Q

Kobler

A

Lower court found higher court misapplied law, leading to SL

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9
Q

What is ‘thick-thin’ democracy?

A

Vertical AND horizontal dialogue, between reps and public, reps and reps, and public and public

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10
Q

What shows executive dominance in EU is a choice by Members?

A

Danish EU Affairs Committee decide with Minister beforehand how far he can go - other countries could do this too

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11
Q

Who argued any electorally unaccountable institutions in EU are both that way by DESIGN and not unique to EU?

A

Moravscik

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12
Q

In what way is there executive dominance in EU?

A

Governance skewed towards Com, CoM and EU Council

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13
Q

Why did Moravscik believe there is no disillusionment of voters?

A

Most salient issues are still MS competencies, so it’s just that ‘EU politics… is boring’

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14
Q

What academic found lower courts were most keen on applying EU law?

A

Alter

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15
Q

What Articles try to clarify CoM and EU P prerogatives and powers in terms of comitology system?

A

Articles 290 - 291 TFEU

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16
Q

What Treaty tried to adjust Plaumann decision?

A

Lisbon

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17
Q

What is the comitology system?

A

CoM (and now EP) oversee executive activities of Com, including legislative implementation

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18
Q

Why does Moravscik believe the social democratic critique of EU is a myth?

A

NP and G control CoM, meaning only political extremes are excluded as parties come to a centrist agreement - policies match with EU ‘median’ voter

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19
Q

How is EU law arguably largely implemented?

A

By technocratic bodies under the Comitology system

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20
Q

What decision showed General Court re-adopting Plaumann test?

A

Inuit Tapiriit

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21
Q

Inuit Tapiriit

A

General Court readopted Plaumann

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22
Q

Tries to assist private litigants seeking JR of non-implementing EU regulatory acts

A

Article 263(4) TFEU

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23
Q

Why is it possible Members WANT EU to be unresponsive to democratic pressures

A

To maintain their power over EU as democratically legit ones

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24
Q

What is the social democratic critique of EU?

A

EU produces neoliberal policies, which do not match with voter preferences

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25
Q

Follesdal and Hix

A

EU is unresponsive to democratic pressures

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26
Q

Menon and Wetherill on redressing the democratic deficit

A

Shouldn’t become nation-state democracy because would imperil Member democracy

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27
Q

Why did Moravscik believe forcing public participation in EU could be damaging?

A

Seen as ‘democratising’ Europe, creating Euroskeptical demagogy

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28
Q

Who called EU elections ‘second order’?

A

Reif and Schmitt

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29
Q

Three procedural reforms at EU level

A

Law making procedure, comitology system and judicial accountability

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30
Q

Article 17(7) TEU

A

EU council should propose President of Com by QMV, taking into account elections to EU P

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31
Q

Bellamy and Castiglione suggestion

A

strengthen EU through NP, with ‘thick-thin’ form of representative democracy, based on civility

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32
Q

What do Bellamy and Castiglione think would be the outcome of their reform ideas?

A

Creation of a demos through which citizens could promote their failures

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33
Q

What does Article 17(8) TEU allow?

A

Motions of censure - EU P can fire Com by 2/3 majority

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34
Q

Article 263(4) TFEU

A

Tries to assist private litigants seeking JR of non-implementing EU regulatory acts

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35
Q

How many parts are there to the democratic deficit?

A

7

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36
Q

Who suggests greater professionalism, rules to protect minorities and better scrutiny by private actors?

A

Majone

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37
Q

How do EU P benefit from QMV expansion?

A

If CoM legislation requires QMV, P can make targeted amendments to get a majority (but not a unanimity)

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38
Q

What is the Passarel procedure?

A

Council, by unanimity, can move an area from EU P only being consulted to EU P having a veto

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39
Q

Who found EU legitimacy rests primarily on Members, to which EU ministers are accountable?

A

Moravscik

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40
Q

EU social Partners can adopt Framework Agreements in social sphere, then incorporated in EU Directives

A

Article 155 TFEU

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41
Q

EU citizens’ initiative

A

Article 11(4) TEU

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42
Q

Academics on unresponsive to democratic pressures

A

Follesdal and Hix

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43
Q

Article 17(8) TEU

A

Com as a body is responsible to the EU P

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44
Q

Positive of Article 11(4) TEU

A

Gives independent political identity to citizens

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45
Q

In what Article of what Treaty is the ordinary legislative procedure?

A

Article 294 TFEU

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46
Q

What Treaty removed the ability of CoM to vote in secret?

A

lisbon

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47
Q

What academics suggest EU level contestation for EU political leadership (including directly elected Com President) and argument over direction of policy agenda?

A

Follesdal and Hix

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48
Q

Why is it said EU is unresponsive to democratic pressures?

A

No ONE EU election

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49
Q

What case showed change in status of EU P by being directly elected?

A

ISO Glucose Case

50
Q

Two Articles trying to increase judicial accountability

A

Article 263(4) TFEU and Article 6(2) TEU

51
Q

Article 6(2) TEU

A

Accede to ECHR, trying to increase judicial accountability

52
Q

Article 155 TFEU

A

EU social Partners can adopt Framework Agreements in social sphere, then incorporated in EU Directives

53
Q

Who argues EU is just having a ‘credibility crisis’?

A

Majone

54
Q

Who argued EU is a ‘multi-governance’ system, so preferences are known over time?

A

Marks

55
Q

Since what Treaty has the codecision procedure been the ordinary legislative procedure?

A

Maastricht

56
Q

What is civicity?

A

Citizens regarding themselves as people with both common AND distinct interests

57
Q

What does Majone think the EU would do if politicised?

A

Move away from Pareto-efficiency towards compensating losers rather than just correcting market failures

58
Q

Why did Moravscik believe EU P being weak is a myth?

A

Increase in powers over time (e.g. veto power and codecision procedure)

59
Q

Why did Moravscik believe EU not a technocracy?

A

Lacks capacity of modern state, and stringent checks on ‘every day’ legislation

60
Q

What kind of democracy do Bellamy and Castiglione think exists at EU level?

A

Thick, based on solidarity

61
Q

Who argues Member democracy would be imperilled if we were to follow Follesdal and Hix’s suggestions, and why?

A

Menon and Wetherill, because EU would then have own independent democratic mandate, superseding members

62
Q

What is an argument against distance at EU level being part of democratic deficit?

A

Allows Members to pool sovereignty to make more of an impact

63
Q

Name at least four parts of democratic deficit

A

Unresponsiveness to democratic pressures, executive/technocratic dominance, distance, lack of transparency and complex, weakening of judiciary and imbalance between Capital and Labour

64
Q

What Treaty introduced Article 17(7) TEU on President of Com?

A

Lisbon

65
Q

Example of EU Social Partner adopting Framework Agreement, then incorporated in EU Directive

A

Directive 2010/18 on parental leave

66
Q

Why is domestic judicial control perhaps strengthened?

A

Lower courts have more power

67
Q

Plaumann decision

A

Narrow test for individuals to challenge EU law - closed category affected more than anyone else

68
Q

What is the main argument against democratic deficit of EU?

A

The issues are not specific to the EU

69
Q

What kind of democracy do Bellamy and Castiglione think exists at national level?

A

Thin, based on singularity

70
Q

What has the interpretation of Article 17(7) TEU been?

A

That biggest party in EU P will nominate President of Com

71
Q

Why did Moravscik believe executive dominance a myth?

A

National Gs are directly accountable (CoM) and media scrutinise

72
Q

How is substantive reform trying to be achieved?

A

Reinforce EU Treaty by references to democratic and social values

73
Q

Who argued EU is responsive to democratic pressures?

A

Moravscik

74
Q

Who highlighted party politics has becomes increasingly professionalised?

A

Peter Mair

75
Q

Why did Moravscik believe negative referendums do not show dislike of EU?

A

More of a sign of ignorance/small politics in nation-state

76
Q

Who argued the absence of a European ‘demos’ prevents creation of a European ‘democracy’?

A

Moravscik

77
Q

Two changes in law making procedures

A

ordinary legislative procedure and ending Com agenda setting

78
Q

When was there an issue with EU P needing to accept or reject Com as a block?

A

Rocco Buttiglione, chosen by Berlusconi

79
Q

When were the EU P directly elected for the first time?

A

1979

80
Q

6 myths Moravscik rebuts post-Follesdal and Hix

A

EU is a superstate, a technocracy, electorally unaccountable, disliked in negative referendums, lacks public participation and disillusions voters

81
Q

Marks on redressing the democratic deficit

A

There is no supranational state (e.g. agree with Moravscik) bc multi-level governance w/ preference over time

82
Q

Follesdal and Hix suggestions

A

EU level contestation for EU political leadership (including directly elected Com President) and argument over direction of policy agenda

83
Q

What case shows a lower court can seek compatibility of a higher court decision??

A

Simmenthal

84
Q

Article 241 TFEU

A

Council can request Com submit legislative proposal

85
Q

Through what Article did Lisbon try to adjust Plaumann?

A

Article 263(4) TFEU

86
Q

What politician highlighted how political power is dispersed throughout the EU?

A

Kissinger

87
Q

What is QMV?

A

Need 55% of State to agree, representing 65% of the population

88
Q

ISO Glucose Case

A

Law annulled as Council did not wait for P opinion

89
Q

What meant General Court interpreted Article 263(4) TFEU to be the same as Plaumann?

A

Ambiguous language

90
Q

Why did Moravscik believe EU not a superstate

A

Only deals with 10 - 20% of national decision-making

91
Q

What academics suggest strengthening EU through NP, with ‘thick-thin’ form of representative democracy, based on civility?

A

Bellamy and Castiglione

92
Q

What gave EU P a role in comitology system?

A

1999 and 2006 Revisions

93
Q

What are other legislative procedures, e.g. consultation, now?

A

‘Special’ procedures

94
Q

Since what Treaty have the EU P had to approve Com and Com president?

A

Nice

95
Q

Who showed how Eurlex found Com issues 69% of all secondary legislation in force today?

A

Blom-Hansen

96
Q

How have there been increased EU P powers?

A

Directly elected (not in Treaty of Rome); QMV expansion to have more power over CoM; co-decision procedure with veto

97
Q

Three institutional reforms at EU level

A

Increasing EU P powers, ordinary legislative procedure and recognising EU level prerogatives to NP

98
Q

How do Follesdal and Hix critique Majone?

A

Not clear regulatory policies DON’T produce winners/losers, and many policies ARE redistributive, so need democratic contestation

99
Q

Who argued EU is an arena for neoliberal policy drift from (national) voters?

A

Follesdal and Hix

100
Q

What does an ‘orange card’ mean?

A

Council or EU P can vote down given measure for breaching subsidiarity

101
Q

What Treaty introduced Articles 290 and 291 TFEU?

A

Lisbon

102
Q

When was the comitology system created and by what?

A

1987, 1st Comitology Decision 85/272

103
Q

How do Follesdal and Hix critique Moravscik?

A

Should be mechanism to ENSURE voter preference matches EU policy, and need debate to ensure citizens make fully-informed decisions

104
Q

Why is it debatable if references to various values actually help EU democracy?

A

Unelected judges force particular policy outcomes, and EU citizens already have a variety of documents protecting their rights

105
Q

What is the ordinary legislative procedure under Article 294 TFEU matched with?

A

Article 238 TFEU QMV

106
Q

Article 12 TEU

A

Outlines prerogatives and roles of NPs

107
Q

Why did Moravscik believe eu IS NOT electorally unaccountable?

A

EU P directly elected, major constitutional change dependent on unanimity AND domestic ratification

108
Q

Who suggests there is a lack of cooperation through multiple demoi at EU level?

A

Bellamy and Castiglione

109
Q

What measure is an example of use of orange card procedure?

A

Monti II Draft Regulation

110
Q

How is there institutional distance between national citizens and EU?

A

Electoral control over Council and Com too remote

111
Q

Who argued the DD was a myth?

A

Moravscik

112
Q

Who said that a state without means of change is a state without means of preserving itself?

A

Burke

113
Q

How is there psychological distance between national citizens and EU?

A

Citizens find EU hard to identify with as so unlike national democratic institutions

114
Q

Factortame

A

Court to disapply national law despite PS

115
Q

Why is domestic judicial control over EU weakned?

A

Because of the principle of supremacy, and courts must obey CJEU rulings

116
Q

What politician described democracy as the worst system?

A

Churchill

117
Q

If measure is covered by codecision, what meeting is there prior to the measure being considered?

A

Between CoM, Com and Chair of relevant EU P committee to decide how to change proposed law

118
Q

Article 11(4) TEU

A

EU citizens’ initiative

119
Q

Three broad examples of procedural reforms

A

Law-making procedures, cosmetology and judicial accountability

120
Q

Articles 6 - 7 Protocol on the Application of the Principles of Subsidiarity and Proportionality

A

Yellow-card and orange-card system - yellow card 1/3 of NPs, orange if majority

121
Q

What does the codecision procedure mean?

A

EU P is now a xo-legislator, with a veto power against the Council

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