24. Democracy and Legitimacy in the European Union

2016 ◽  
Author(s):  
Stijn Smismans
Keyword(s):  
Decision Making ◽  
European Union ◽  
Maastricht Treaty ◽  
First Century ◽  
Democratic Deficit ◽  
The European Union ◽  
Constitutional Treaty ◽  
Current Economic Crisis ◽  
The Impact ◽  
The Eu

This chapter examines the extent to which decision-making in the European Union can be considered democratic and legitimate. It first considers the ‘permissive consensus’ on which the initial stages of European integration were based before discussing how the European democratic deficit emerged as an important issue of debate during the 1990s after the Maastricht Treaty had transferred considerable powers to the EU. It shows that the main solution to the democratic deficit has been inspired by the parliamentary model of democracy and involves strengthening the European Parliament. The chapter also explores how the governance debate at the start of the twenty-first century broadened the conceptual understanding of democracy in the EU. It concludes by assessing the impact of the Constitutional Treaty and the Lisbon Treaty on EU democracy and suggesting that the current economic crisis is likely to exacerbate the EU's legitimacy problems.

9. Democracy and Legitimacy in the European Union

2019 ◽  
pp. 127-140
Author(s):  
Stijn Smismans
Keyword(s):  
European Union ◽  
Democratic Deficit ◽  
The European Union ◽  
Constitutional Treaty ◽  
National Parliaments ◽  
Economic Migration ◽  
Modes Of Governance ◽  
The Impact ◽  
The Eu

This chapter discusses the extent to which decision-making in the European Union can be considered democratic and legitimate. The chapter clarifies the concepts ‘democracy’ and ‘legitimacy’, and describes how, although initially the legitimacy of the European polity was not perceived as a problem, it became more problematic as the EU gained more competences. The European democratic deficit became an important issue of debate only during the 1990s after the Maastricht Treaty had transferred considerable powers to the EU. The main solution to the democratic deficit has been inspired by the parliamentary model of democracy and involves strengthening the European Parliament (EP), while also paying attention to the role of national parliaments and regional and local authorities. The chapter also shows how the governance debate at the start of the twenty-first century broadened the conceptual understanding of democracy in the EU by addressing the complexity of European governance (see also Chapter 7). By looking at different stages of policy-making and different modes of governance, while dealing with issues such as transparency and the role of civil society, the chapter discusses a wider range of issues associated with the democracy and legitimacy of the Union. It assesses the impact on EU democracy of the Constitutional Treaty and the Lisbon Treaty. The chapter concludes by warning that three main crises, namely the economic, migration, and security crises, have revived nationalist and populist movements exacerbating the challenges to the EU’s legitimacy.

scholarly journals THE PROBLEM OF THE "DEFICIT OF DEMOCRACY" AND ITS OVERCOMING IN THE EUROPEAN UNION

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Sofiia Vovk ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
National Level ◽  
Lisbon Treaty ◽  
Democratic Deficit ◽  
The European Union ◽  
European Citizenship ◽  
Legislative Proposals ◽  
Institutional System ◽  
The Eu

The article analyzes the approaches to the interpretation of the term "democracy deficit", which takes place in the modern European discourse of integration. It is concluded that in the framework of the first approach, the "deficit of democracy" is linked to the problem of the legitimacy of decisions taken by the "pan-European center". As part of the second with a number of distortions that are prone to a democratic form of government in developed democracies. The causes and conditions of the "democracy deficit" are considered. The peculiarities of legal instruments of citizens' influence on the functioning of the European Union and the problem of the "democracy deficit" at the present stage of its development are considered. The reasons and conditions of "deficit of democracy" emerged, ways of solving this problem were analyzed. The particularities of legal instruments of citizens’ influence on the functioning of European Union and the problem of «democratic deficit» at the modern stage of its development. It is emphasized in the article, that the problem of «democratic deficit» remains a key problem of the EU institutional system and EU decision-making. Legal amendments of the EU founding treaties were provided to minimize the problem of «democratic deficit». The most important changes were determined with the Lisbon Treaty, which fixed several effective legal remedies. For instance, the legislative power of the European Parliament as the unique legitimist institution elected directly by citizens was increased. Changes included the change in calculating such a majority to a new double majority based on in the principle of representation of citizens in the Council of Ministers. The Treaty of Lisbon expanded the role of Member States’ parliaments in the legislative processes of the EU by giving them a prior scrutiny of legislative proposals before the Council and the Parliament can take a position and some control powers. One of the major innovations introduced by the Lisbon Treaty and aims at involving citizens more closely in agenda-setting at EU level is the European citizens’ initiative. The specific character of the EU institutional system and lack of some legal mechanisms of citizens’ participation in the process of EU decision-making, similar to those of national level, demonstrates the existence of the problem of «democratic deficit». Nevertheless modern legislation of EU proves that there is no ground to make a conclusion about weakness of political scope of the European citizenship.

The Democratic Deficit of the European Union: Towards Closer Cooperation between the European Parliament and the National Parliaments

1994 ◽  
Vol 29 (3) ◽  
pp. 299-314 ◽  
Author(s):  
Karlheinz Neunreither
Keyword(s):  
Decision Making ◽  
European Union ◽  
Democratic Deficit ◽  
Central Authority ◽  
The European Union ◽  
National Parliaments ◽  
Definition Of ◽  
National Governments ◽  
Democratic Norms ◽  
The Eu

During Recent Years, The Notion of The Democratic deficit has become, together with subsidiarity, or transparency, one of the most popdar subjects for conferences on European Union. While almost everyone seems to agree that a democratic deficit exists, it is far from certain that there is a general understanding of what is meant by it.The most radical meaning would be that the European Union (EU) as such is undemocratic and that its decision-making does not correspond to democratic norms. Quite often when national governments have to explain unpopular decisions of the EU, responsibility for these uncomfortable situations is attributed to a faceless monster, the ‘Brussels bureaucracy’. The assumption is that a very strong central authority exists which embodies the power of decision-making and that democratic accountability of this central authority either does not exist or at least is not sufficiently guaranteed. In other words, the EU institutional system does not comply with democratic norms. This is by far the most extreme definition of a democratic deficit.

6. The European Parliament: The power of democratic ideas

2017 ◽  
Author(s):  
Michael Shackleton
Keyword(s):  
Decision Making ◽  
European Union ◽  
European Parliament ◽  
Lisbon Treaty ◽  
Democratic Deficit ◽  
Historical Evolution ◽  
The European Union ◽  
Direct Elections ◽  
National Governments ◽  
The Eu

This chapter examines how the power of the democratic idea drives change in the European Parliament’s (EP) powers. The EP, the only directly elected institution of the European Union, derives its authority from national electorates rather than national governments and is therefore a transnational institution. Since the first direct elections in 1979, the EP’s powers and status have grown dramatically, culminating in the changes agreed under the 2007 Lisbon Treaty. Nevertheless, the EU is perceived to be suffering from a ‘democratic deficit’. This chapter first traces the historical evolution of the EP before discussing its decision-making. It then considers how the EP aggregates interests, what influence it exercises, and what kind of body it is becoming. It concludes by assessing various perspectives about the EU’s democratic deficit. The chapter stresses the importance of consensus mechanisms within the EP as well as those that link it to other EU institutions.

Przezwyciężanie kryzysu w procesie integracji europejskiej, poprzez zmiany regulacji dotyczących rozliczalności w podejmowaniu decyzji w UE, w wymiarze makroekonomicznym i fiskalnym

2016 ◽  
pp. 10-23
Author(s):  
Anna Sroka
Keyword(s):  
European Union ◽  
Democratic Deficit ◽  
The European Union ◽  
Integration Process ◽  
Quality Of Democracy ◽  
Research Questions ◽  
The Impact ◽  
The Eu

This article concerns the impact of the crisis on the manner in which the European Union functions, with particular attention paid to the issue of accountability. The analysis of particular legal solutions adopted since the eruption of the economic crisis enables capturing of the changes that have occurred with respect to the functioning of democracy in the EU. This facilitates the search for an answer to the following research questions: during times of crisis, do transformations lead to improvements in the quality of democracy, or do they rather deepen the existing democratic deficit, particularly in respect of accountability? Are modifications to mechanisms governing the functioning of democracy in the EU helping to overcome both shortand long-term crises in the integration process? In order to find answers to these questions, an analysis has been performed of the changes made to regulations addressing governance in the European Union in the macroeconomic and fiscal sphere implemented between 2008 and 2013.

scholarly journals IMPACT OF POLITICIZATION OF THE EUROPEAN COMMISSION ON THE FUNCTIONING OF THE EUROPEAN UNION

2019 ◽  
pp. 58-66
Author(s):  
M.V. Buromenskiy ◽  
P.V. Otenko
Keyword(s):  
European Union ◽  
International Law ◽  
Maastricht Treaty ◽  
Democratic Deficit ◽  
The European Union ◽  
Negative Consequences ◽  
Political Processes ◽  
Definition Of ◽  
Eu Commission ◽  
The Eu

Complex and comparative analysis of the election and nomination procedure of Commissioners and the President of the EU Commission has been made from the date of creation of the High Authority within the European Coal and Steal Community until the establishment of the modern EU Commission in accordance with the last amendments that have been made by the Lisbon Treaty. It is proved that due to the entering into force of the Maastricht Treaty, sharpening of the «democratic deficit» problem and because of other political processes at the beginning of 1990’s within the European Communities, European Parliament obtained ample powers and leverage on the functioning, election and nomination procedure of Сommissioners and the President of the EU Commission. It is emphasized that election and nomination procedure of Commissioners and the President of the EU Commission is sufficiently politicized and bureaucratized at the contemporary stage of the existence of the European Union. The definition of the phenomenon «politicization of the EU Commission» has been specified. It is outlined that the phenomenon of politicization of the EU Commission has both positive and negative consequences on the EU Commission and the EU as a whole. It is established that «politicization» of the EU Commission may cause disruption of the cornerstone principles on which the EU has been created, first of all those principles that are related to the theory of functionalism in International Law.

Democratic Deficit in the European Union

2020 ◽  
Author(s):  
Christine Neuhold
Keyword(s):  
Decision Making ◽  
European Union ◽  
State Level ◽  
Representative Democracy ◽  
Democratic Deficit ◽  
The European Union ◽  
National Parliaments ◽  
Eu Member States ◽  
Modes Of Representation ◽  
The Eu

The debate on whether or not the European Union (EU) is suffering from a democratic deficit is “crowded territory.” The debate is not only far-reaching but has evolved along with the transformation of the system of European governance. In the 1990s the “standard version of the democratic deficit” was developed. This drives on the observation that EU member states have transferred powers to the supranational construction of the EU and as such these powers escape national parliamentary control. The fact that the European Parliament was a rather weak institution is seen as to further aggravate the situation. While this is, since the early 2000s, no longer seen as an adequate standard of comparison and indicator for the democratic quality of the EU, the EU democratic system is still seen to fall short on different accounts, for example when it comes both to participatory and representative democracy. This might come as a surprise, as the EU has undertaken a number of reforms especially since and by way of the Maastricht Treaty to make the EU more “democratic.” For example, the (indirect) involvement of national parliaments into EU policymaking was strengthened or the tool of the European Citizen Initiative (ECI) was introduced. As such, the debate on the democratic deficit is not only academic but takes place within the political arena. It is consequential by being mirrored in treaty changes and thus also functional. Overall these tools are seen to fall short however, at least so far. One reason seems to be expectation management. The terms used seem to be very “loaded”. For example, the notion is evoked that the Union is a representative democracy. Moreover piecemeal reform leads to different modes of representation. While some of these objectives have been achieved, for example, by providing access of certain groups to decision-making process, others are excluded, which can in fact exacerbate the democratic deficit. Overall the “traditional” debate on the democratic deficit has taken on a new quality: the context of emergence of the so-called illiberal democracies at the member state level. It has been stated already almost 20 years ago that the EU will have to invent new forms of citizenship, representation, and decision-making if it is ever to democratize itself. It seems that the EU has tried to do so partially, but the use of far-reaching and normative notions and concepts is bound to fall short in a system that is in constant flux and very heterogeneous.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

The European Union and Diplomatic Law

2017 ◽  
Author(s):  
Graham Butler
Keyword(s):  
European Union ◽  
External Action ◽  
Legal Framework ◽  
Second World War ◽  
First Century ◽  
The European Union ◽  
Nation States ◽  
Supranational Institutions ◽  
Second World ◽  
The Eu

Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

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