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Topic 3.1: Democracy and legitimacy in the EU - Coggle Diagram
Topic 3.1: Democracy and legitimacy in the EU
The EU's democratic deficit: false claims and valid concerns
False claims: e.g.
The EU = 'unelected bureaucrats in Brussels imposing their rules'
'The European Parliament is just a talking shop'
'The EU is a superstate, we have lost our sovereignty and we have no say on European rules'
Valid concerns
that merit consideration (defining 'the democratic deficit'):
weak link between elections and government composition (& policy)
'executive dominance';
International relations are traditionally dominated by the executive (government) rather than parliament
If decision-making becomes more European it will be more in hands of government and less of parliament
(3) 'bypassing of democrary': complex committee structure
'distance issue'
Low voter turn-out in European elections
lack of transparency
'substantive imbalance';
Capital over labour; market over social values
judicial control issue:
Courts (CJEU) overpowering parliament
CJEU overpowering national constitutional courts
The EU's democratic deficit: 3 questionable assumptions
"Democracy is only possible at the national level"
Sure? Regional, local, international, in work place, your football club?
Democracy changes overtime
How do we define democracy in a globalised world?
Democracy at the national level is without problems
If decisions are not taken at the European level, they willl be taken at the national level
Should and can the EU be democratic?
The EU is not a State: Should it be democratic?
The EU as an international organisation
Limited delegated powers
Member States nationally accountable on foreign policy
Output legitimacy > input legitimacy
= initial design --> permissive consensus
Problems:
International relations strengthen the Executive, at expense of Parliament
EU = international organisation which
Got involved in many policy areas
Creates direct legal relationship with citizens
= democratic deficit
But EU has sought answers
The EU is not a State: Can it be democratic?
It has no demos; language, culture, solidarity...
Yet Belgium, Canada Switzerland.. UK
Democracy, constitutional values;
Sufficient? Profoundly different preferences?
Market regulation
Ethical issues, such as abortion, same sex marriage etc
Problem of weak European public sphere;
Little informed reporting
Nationalist reporting; populism and Euroscepticism
Blame shifting
EP elections = second order elections
So, how to imagine democracy beyond the nation state?
3 elements of democracy
System of checks and balances (avoid concentration and balances (avoid concentration of power)
Representative democracy
Participatory democracy
Title II of TEU: "Provisions on democratic principles"
(1) Representative democracy (Art 10 TEU and 12 TEU)
(2) Participatory democracy (Art 11 TEU)
Representative democracy
Has free elections
Multi-party system
Government composition reflects outcome of elections
Government is accountable to Parliament
Parliament has a central role in defining legislation
Art 10 TEU:
The functioning of the Union shall be founded
on representative democracy
Citizens are directly represented at Union level in the
European Parliament
Member States are represented in the
European Council
by their Heads of State of Government and in
the Council
by their governments, themselves democratically accountable either to their
national Parliaments,
or to their citizens
Every citizens shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen
Political parties
at European level contribute to forming European political awareness and to expressing the will of citizens of the Union
Art 12 TEU:
National Parliaments contribute actively to the good functioning of the Union:
(a) through being informed by the institutions of the Union and having draft legislative acts of the Union forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union;
(b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality
So does the EU respect key features of representative democracy?
1) Free elections
EEC Treaty: Assembly not directly elected, EP directly elected in 1976
Unique for an international organisation
2) Multiparty system
Confederations, many parties represented
3) Government represents outcome of elections? Does the Commission reflect the elected majority in the EP?
Commissioners proposed by MS, and the Com. President by European Council --> different political orientation
But to be approved by EP + 'to take into account the outcome of the elections'
Different than national level, yet
Less shocking for those familiar with proportional representation and coalition governments (consensus democracy as opposed to majoritarian democracy)
4) Government is accountable to Parliament where Commission has to defend itself in EP, EP can censor the Commission
5) Key role for Parliament in legislation
With each Treaty change, the EP has increased its role in terns of procedure and range of policy areas
Today: amends and co-decides with Council:
Given Commission has no 'absolute majority'; given EP powers and possibility of multiple party alliance in EP --> EP plays very strong role in amending and co-drafting legislation considerably more than UK Parliament
Participatory democracy
Direct democracy;
referendum; or online citizen participation, deliberative citizens'
I
ndirect participatory democracy:
interest representation via interest groups, civil society organisations, NGO's...
Lobbying as a problem
Interest representation as an opportunity (need to provide balanced access)
Elements of direct participatory democracy
European Citizens Initiative
Needs to be within EU competence
Few campaigns are capable of attracting one million supporters
A minority tool (one million signatures = 0.2%)
But opportunity for actors from civil society to engage with public and build support
Challenges of the procedure
In some Member States: referendum required for Treaty change
Broad use of online consultations
Access to document rules
Use of 'European citzens' panels'
Elements of 'indirect participatory democracy:
Broad use of online consultations
Access to document rules
Targeted consultations, advisory committees;
European Economic and Social Committee
Member States representatives, experts, civil society representatives
Regulating informal lobbying - transaprency register
Civil Society in the EU
The Alliance for Lobbying Transparency and Ethics Regulation (ALTER-EU)
Is a coalition of over 160 civil society groups, trade unions, academics and public afairs firms concerned with the increasing influence exerted by corporate lobbyists on the political agenda of Europe
Resulting loss of democracy in the EU decision-making and the postponement, weakening or blockage even, of urgently needed progress on social, environmental and consumer-protecton reforms
Disadvantages:
Like any other political system, private/business interest groups are more represented than NGOs and public interest groups
No full transparency of interactions
Advantages:
Commission being not direclty elected, feels need to legitimate itself with broad consultation
Given checks in system (Council, EP, CJEU), Commission would not get away with very narow biased consultation. (unlike some national governments)
Compared to other national systems, considerable effort to seek 'balanced representation' in consultation (e.g financial support to some public interest organisations)
Checks and balances and the rule of law
Democracy = avoid concentration of power
EU = strong system of checks and balances (separation of powers: legislative, executive, judiciary power)
(1) principle of conferral --> control by the CJEU
(2) Institutional balance:
Legislative process: comm + EP + Council
Delegated legislation (tertiary legislation); Commission but control by EP/Council or comitology (Delegated and Implementing Acts)
(3) procedural guarantees:
Requirements to justify action in relation to:
Consultation
Expertise (impact assessment, ex post evaluation
Proportionality
(4) Rule of law --> control by CJEU
Annulment of procedure
Enforcement procedure
Enforce your rights in national courts (+ preliminary reference procedure)
The European Commission defines 'rule of law' in these broad terms:
"Under the rule of law,
All public powers always act within the constraints set out by law,
in accordance with the values of
democracy
and
fundamental rights,
and under control of
independent and impartial courts.
The rule of law includes, among others, principles such as legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibiting the arbitrary exercise of executive power; effective judicial protection by independent and impartial courts, effective judicial review including respect for fundamental rights, separation of powers and equality before the law"
Conclusion
The EU thus provides a complex but very solid system of checks and balances, through:
Multiple forms of representative democracy
Combining forms of representative and participatory democracy
Procedural checks and control of the rule of law by the CJEU