EU Law - Democratic Deficit Flashcards
1
Q
Article 225 TFEU
A
P can request Com submit legislative proposal
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
3
Q
Who argued EU policy is skewed towards interests of owners of capital?
A
Streeck and Schmitter
4
Q
What academics argue it is wrong to compare EU to nation states?
A
Menon and Wetherill
5
Q
Who argued EU only performs Pareto-efficient functions rather than redistributive functions?
A
Majone
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
7
Q
Three broad examples of institutional reforms
A
Increase EU P powers, OLP and recognise EU level prerogatives to NPs
8
Q
Kobler
A
Lower court found higher court misapplied law, leading to SL
9
Q
What is ‘thick-thin’ democracy?
A
Vertical AND horizontal dialogue, between reps and public, reps and reps, and public and public
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
11
Q
Who argued any electorally unaccountable institutions in EU are both that way by DESIGN and not unique to EU?
A
Moravscik
12
Q
In what way is there executive dominance in EU?
A
Governance skewed towards Com, CoM and EU Council
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’
14
Q
What academic found lower courts were most keen on applying EU law?
A
Alter
15
Q
What Articles try to clarify CoM and EU P prerogatives and powers in terms of comitology system?
A
Articles 290 - 291 TFEU
16
Q
What Treaty tried to adjust Plaumann decision?
A
Lisbon
17
Q
What is the comitology system?
A
CoM (and now EP) oversee executive activities of Com, including legislative implementation
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
19
Q
How is EU law arguably largely implemented?
A
By technocratic bodies under the Comitology system
20
Q
What decision showed General Court re-adopting Plaumann test?
A
Inuit Tapiriit
21
Q
Inuit Tapiriit
A
General Court readopted Plaumann
22
Q
Tries to assist private litigants seeking JR of non-implementing EU regulatory acts
A
Article 263(4) TFEU
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
24
Q
What is the social democratic critique of EU?
A
EU produces neoliberal policies, which do not match with voter preferences
25
Follesdal and Hix
EU is unresponsive to democratic pressures
26
Menon and Wetherill on redressing the democratic deficit
Shouldn't become nation-state democracy because would imperil Member democracy
27
Why did Moravscik believe forcing public participation in EU could be damaging?
Seen as 'democratising' Europe, creating Euroskeptical demagogy
28
Who called EU elections 'second order'?
Reif and Schmitt
29
Three procedural reforms at EU level
Law making procedure, comitology system and judicial accountability
30
Article 17(7) TEU
EU council should propose President of Com by QMV, taking into account elections to EU P
31
Bellamy and Castiglione suggestion
strengthen EU through NP, with 'thick-thin' form of representative democracy, based on civility
32
What do Bellamy and Castiglione think would be the outcome of their reform ideas?
Creation of a demos through which citizens could promote their failures
33
What does Article 17(8) TEU allow?
Motions of censure - EU P can fire Com by 2/3 majority
34
Article 263(4) TFEU
Tries to assist private litigants seeking JR of non-implementing EU regulatory acts
35
How many parts are there to the democratic deficit?
7
36
Who suggests greater professionalism, rules to protect minorities and better scrutiny by private actors?
Majone
37
How do EU P benefit from QMV expansion?
If CoM legislation requires QMV, P can make targeted amendments to get a majority (but not a unanimity)
38
What is the Passarel procedure?
Council, by unanimity, can move an area from EU P only being consulted to EU P having a veto
39
Who found EU legitimacy rests primarily on Members, to which EU ministers are accountable?
Moravscik
40
EU social Partners can adopt Framework Agreements in social sphere, then incorporated in EU Directives
Article 155 TFEU
41
EU citizens' initiative
Article 11(4) TEU
42
Academics on unresponsive to democratic pressures
Follesdal and Hix
43
Article 17(8) TEU
Com as a body is responsible to the EU P
44
Positive of Article 11(4) TEU
Gives independent political identity to citizens
45
In what Article of what Treaty is the ordinary legislative procedure?
Article 294 TFEU
46
What Treaty removed the ability of CoM to vote in secret?
lisbon
47
What academics suggest EU level contestation for EU political leadership (including directly elected Com President) and argument over direction of policy agenda?
Follesdal and Hix
48
Why is it said EU is unresponsive to democratic pressures?
No ONE EU election
49
What case showed change in status of EU P by being directly elected?
ISO Glucose Case
50
Two Articles trying to increase judicial accountability
Article 263(4) TFEU and Article 6(2) TEU
51
Article 6(2) TEU
Accede to ECHR, trying to increase judicial accountability
52
Article 155 TFEU
EU social Partners can adopt Framework Agreements in social sphere, then incorporated in EU Directives
53
Who argues EU is just having a 'credibility crisis'?
Majone
54
Who argued EU is a 'multi-governance' system, so preferences are known over time?
Marks
55
Since what Treaty has the codecision procedure been the ordinary legislative procedure?
Maastricht
56
What is civicity?
Citizens regarding themselves as people with both common AND distinct interests
57
What does Majone think the EU would do if politicised?
Move away from Pareto-efficiency towards compensating losers rather than just correcting market failures
58
Why did Moravscik believe EU P being weak is a myth?
Increase in powers over time (e.g. veto power and codecision procedure)
59
Why did Moravscik believe EU not a technocracy?
Lacks capacity of modern state, and stringent checks on 'every day' legislation
60
What kind of democracy do Bellamy and Castiglione think exists at EU level?
Thick, based on solidarity
61
Who argues Member democracy would be imperilled if we were to follow Follesdal and Hix's suggestions, and why?
Menon and Wetherill, because EU would then have own independent democratic mandate, superseding members
62
What is an argument against distance at EU level being part of democratic deficit?
Allows Members to pool sovereignty to make more of an impact
63
Name at least four parts of democratic deficit
Unresponsiveness to democratic pressures, executive/technocratic dominance, distance, lack of transparency and complex, weakening of judiciary and imbalance between Capital and Labour
64
What Treaty introduced Article 17(7) TEU on President of Com?
Lisbon
65
Example of EU Social Partner adopting Framework Agreement, then incorporated in EU Directive
Directive 2010/18 on parental leave
66
Why is domestic judicial control perhaps strengthened?
Lower courts have more power
67
Plaumann decision
Narrow test for individuals to challenge EU law - closed category affected more than anyone else
68
What is the main argument against democratic deficit of EU?
The issues are not specific to the EU
69
What kind of democracy do Bellamy and Castiglione think exists at national level?
Thin, based on singularity
70
What has the interpretation of Article 17(7) TEU been?
That biggest party in EU P will nominate President of Com
71
Why did Moravscik believe executive dominance a myth?
National Gs are directly accountable (CoM) and media scrutinise
72
How is substantive reform trying to be achieved?
Reinforce EU Treaty by references to democratic and social values
73
Who argued EU is responsive to democratic pressures?
Moravscik
74
Who highlighted party politics has becomes increasingly professionalised?
Peter Mair
75
Why did Moravscik believe negative referendums do not show dislike of EU?
More of a sign of ignorance/small politics in nation-state
76
Who argued the absence of a European 'demos' prevents creation of a European 'democracy'?
Moravscik
77
Two changes in law making procedures
ordinary legislative procedure and ending Com agenda setting
78
When was there an issue with EU P needing to accept or reject Com as a block?
Rocco Buttiglione, chosen by Berlusconi
79
When were the EU P directly elected for the first time?
1979
80
6 myths Moravscik rebuts post-Follesdal and Hix
EU is a superstate, a technocracy, electorally unaccountable, disliked in negative referendums, lacks public participation and disillusions voters
81
Marks on redressing the democratic deficit
There is no supranational state (e.g. agree with Moravscik) bc multi-level governance w/ preference over time
82
Follesdal and Hix suggestions
EU level contestation for EU political leadership (including directly elected Com President) and argument over direction of policy agenda
83
What case shows a lower court can seek compatibility of a higher court decision??
Simmenthal
84
Article 241 TFEU
Council can request Com submit legislative proposal
85
Through what Article did Lisbon try to adjust Plaumann?
Article 263(4) TFEU
86
What politician highlighted how political power is dispersed throughout the EU?
Kissinger
87
What is QMV?
Need 55% of State to agree, representing 65% of the population
88
ISO Glucose Case
Law annulled as Council did not wait for P opinion
89
What meant General Court interpreted Article 263(4) TFEU to be the same as Plaumann?
Ambiguous language
90
Why did Moravscik believe EU not a superstate
Only deals with 10 - 20% of national decision-making
91
What academics suggest strengthening EU through NP, with 'thick-thin' form of representative democracy, based on civility?
Bellamy and Castiglione
92
What gave EU P a role in comitology system?
1999 and 2006 Revisions
93
What are other legislative procedures, e.g. consultation, now?
'Special' procedures
94
Since what Treaty have the EU P had to approve Com and Com president?
Nice
95
Who showed how Eurlex found Com issues 69% of all secondary legislation in force today?
Blom-Hansen
96
How have there been increased EU P powers?
Directly elected (not in Treaty of Rome); QMV expansion to have more power over CoM; co-decision procedure with veto
97
Three institutional reforms at EU level
Increasing EU P powers, ordinary legislative procedure and recognising EU level prerogatives to NP
98
How do Follesdal and Hix critique Majone?
Not clear regulatory policies DON'T produce winners/losers, and many policies ARE redistributive, so need democratic contestation
99
Who argued EU is an arena for neoliberal policy drift from (national) voters?
Follesdal and Hix
100
What does an 'orange card' mean?
Council or EU P can vote down given measure for breaching subsidiarity
101
What Treaty introduced Articles 290 and 291 TFEU?
Lisbon
102
When was the comitology system created and by what?
1987, 1st Comitology Decision 85/272
103
How do Follesdal and Hix critique Moravscik?
Should be mechanism to ENSURE voter preference matches EU policy, and need debate to ensure citizens make fully-informed decisions
104
Why is it debatable if references to various values actually help EU democracy?
Unelected judges force particular policy outcomes, and EU citizens already have a variety of documents protecting their rights
105
What is the ordinary legislative procedure under Article 294 TFEU matched with?
Article 238 TFEU QMV
106
Article 12 TEU
Outlines prerogatives and roles of NPs
107
Why did Moravscik believe eu IS NOT electorally unaccountable?
EU P directly elected, major constitutional change dependent on unanimity AND domestic ratification
108
Who suggests there is a lack of cooperation through multiple demoi at EU level?
Bellamy and Castiglione
109
What measure is an example of use of orange card procedure?
Monti II Draft Regulation
110
How is there institutional distance between national citizens and EU?
Electoral control over Council and Com too remote
111
Who argued the DD was a myth?
Moravscik
112
Who said that a state without means of change is a state without means of preserving itself?
Burke
113
How is there psychological distance between national citizens and EU?
Citizens find EU hard to identify with as so unlike national democratic institutions
114
Factortame
Court to disapply national law despite PS
115
Why is domestic judicial control over EU weakned?
Because of the principle of supremacy, and courts must obey CJEU rulings
116
What politician described democracy as the worst system?
Churchill
117
If measure is covered by codecision, what meeting is there prior to the measure being considered?
Between CoM, Com and Chair of relevant EU P committee to decide how to change proposed law
118
Article 11(4) TEU
EU citizens' initiative
119
Three broad examples of procedural reforms
Law-making procedures, cosmetology and judicial accountability
120
Articles 6 - 7 Protocol on the Application of the Principles of Subsidiarity and Proportionality
Yellow-card and orange-card system - yellow card 1/3 of NPs, orange if majority
121
What does the codecision procedure mean?
EU P is now a xo-legislator, with a veto power against the Council
