The governmental system which embodies the European Union is currently both ambiguous and undemocratic. However, in order to explore alternative strategies of improvement, it is firstly crucial to identify the root of the deficit. One is then able to discuss contributing factors which affect the national parliaments lack of importance when creating legislation and strategies of review such as the subsidiary and proportionality tests.
When identifying the presence of a democratic deficit in the European Union, it is important to consider a range of factors, including international treaties and the effect they had on its structured governmental framework. One of the first official agreements established by the European Union (formerly
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It is also important to consider the effect that the principle of subsidiarity can have on the central European Parliament, as it is required to only carry out “those tasks which cannot be performed effectivity at a more immediate or local level” . This importance of decisions being taken as closely as possible to the citizen, can be monitored through constant checks being made to verify that the higher EU level is legitimately required. After members of the European Parliament were granted the power to approve or reject legislation in 1979 , it was then established in Article 5 of the Treaty of Lisbon that member states must also be given the ability to repeal an adoptive legislative act. This is particularly regarding one of shared areas, to certify “the efficiency and democratic legitimacy of the union and to improve the coherence of its action” . There is also much concern that unless EU voters can “become more credible and legitimate in the eyes of the voter” , particular areas of the Union may begin to tangle.
In recent years, it has been increasingly apparent that European Parliament election turnout is on the decline, with just 35.6% of British citizens casting their vote in 2014. This is remarkably low, especially when viewed alongside other national decisions such as the referendum for Britain to leave the European Union, which received a staggering 72.2% turnout. However, this decline was not
There is an argument that the government has the power and right to change laws and represent people without necessarily having to be elected. This can also be known as ‘Democratic deficit’. An example of democratic deficit is the House of Lords. The members in the House of Lords aren’t elected but they get to make laws and represent the people. The members in House of Lords are usually given their seats hereditarily so many people found it unfair that they’re not elected into the Parliament but they can make decisions and laws
The democratic deficit is a theory developed by scholars in order to illustrate that the European Union and its institutional bodies suffer from a lack of democracy (Wincott, 1998, p. 414). However, there are many definitions of the democratic deficit (Chryssochoou, 2000; Justice, 1996; Warleigh, 2003; Weiler, Haltern & Mayer, 1995) depending on the views and approaches of each scholar. Joseph Weiler's standard version' of the democratic deficit is one of the most common definitions and it is a set of widely-used arguments by academics, scholars and the media (Weiler et al., 1995, cited by Follesdal & Hix, 2005, p. 4). It consists of five claims that explain why the EU can be called undemocratic and they are the following: a) there is an
The multigovernmental nature of the European Union and the national governments of its member states also helps to decrease the democratic deficit, not only on a supranational level, but on a national level as well (Eising 2011). Because there is a division of powers and sovereignty between these two levels of governance, citizens have the capacity, through interest group activity, to represent their interests to two different legislative bodies that could pursue legislation in their favour (Kohler-Koch 1997; Eising 2011). Similarly, due to the relatively nascent state of European Union interest group activity, many groups with similar interests are combining and coordinating efforts in order to have a bigger influence over policy decisions (Greenwood 2003, Eising 2011). Because of this unique phenomenon, smaller groups may work in tandem with
A Democratic Deficit in the EU The question over the legitimacy of the EU has been a nearly continuous debate and many commentators appear to agree that the EU suffers from a severe ‘democratic deficit’. There are many reasons why this perception is so widespread. As a multinational body it lacks the grounding in common history and culture upon which most individual polities can draw.
The ‘standard version’ of the democratic deficit formulated by Weiler, consisting of the increased role of the executive Commission in matters of legislation, the weakness of the European Parliament (hereafter the EP), the lack of ‘European’ elections, EU distance to public scrutiny and voters, and finally ‘policy drifting’ by the executive non-compliant to voter interests, has and continues to be a major target of criticism within the field of European Union (the EU) law. The matter is of utmost importance
Maurice Duverger defined “democratic deficit”as a combination of the parliament’s lack of legislative power, of the lack of publicity in the actual process of legislation and of the lack of a definite separation between executive and legislative powers. To shed more light on this definition it is necessary to consider the operation and effectiveness of the legislative institutions in the European Union, issue of transparency and the separation of powers within the executive and legislative powers.
Treaty of Lisbon has provided that Union should uphold the representative democracy and thus, the legislative power is divided between the European Commission (‘the Commission’) which represents the interest of the European Union as a whole, the Council of Ministers (‘the Council’) which represents the Member States’ interests or their citizens and the European Parliament which represents its citizens’ interests. However, only 34% turned out to vote at the last EU election which implied a growing dissent in Europe. The EU is described as “undemocratic from the start”. The gist of the question is whether the EU law-making process is sufficiently democratic. EU’s democratic performance should be judged on the basis of subsidiarity, representativeness, accountability and engagement.
In this assignment I will be assessing the democratic accountability of the European Union. I will begin by briefly describing the institutions, their functions, compositions and discuss how they work as check and balance system to ensure democratic accountability further to look on to how laws are made and what they are In order to establish whether or not the EU is in fact answerable to its citizens.
The European Union (EU) is fundamentally democratic and is evident through its institutions, however, the current democratic electoral structure is of great concern. The EU is a new type of political system, often referred to as a sui generis, implying its uniqueness as there exists and a non comparable political body. The EU can neither regarded as a ‘state’ nor as an ‘international institution’ as it combines supranational as well as intergovernmental characteristics (Hix, 1999, p7). In this regard it has developed its own understandings of what democracy is. It is evident that the development of and spread of democracy is a central concept and foundation to all politics within the EU, and remains focuses on makings its governing
The debate on whether or not the UK’s amalgamation with the EU restricts its parliament’s power and therefore protests against one of the UK’s fundamental constitutional principles, parliamentary sovereignty, is vastly tendentious. The theory of parliamentary supremacy reverts back to 1689, long before Dicey’s era, when the bill of rights was sanctioned; it instigated the legal bequest that parliament should be recognized as the prime source of law in the United Kingdom, conclusively outpacing the Monarch’s powers . Today, parliament is acceded for being the most authoritative legislative figure within the obligated borders of the UK. Nevertheless, in its long-established culture, the concept of parliamentary sovereignty encounters acute duress as a result of EU amalgamation. This essay will examine weather or not the EU amalgamation impedes the rights of UK legislation, hence
This paper will assess the claim that supremacy of EU law is still an evolving and debatable concept. To do this, I have divided this paper into four sections. The first section will discuss the establishment of supremacy in EU law through ECJ case law. The second section will explore the vibrant debate surrounding constitutional pluralism that has arisen since the early 1990s. The third section will examine the debate and impact of the codification of primacy in the early 2000s. The fourth section will examine the extent to which the principle of sovereignty has been accepted in three EU Member States, namely, the United Kingdom, Germany, and Poland.
On 25 March 2017, the European Union will celebrate the 60th anniversary of its existence. Nevertheless, the European Council and the presidents of the twenty seven member states are aware that it is not a perfect union.
the United Kingdom unlike most other countries does not have a codified constitution to restrict the powers of the Parliament, the main check on power of the British Parliament is the sovereignty of the future parliaments. The European Union has been growing since its establishment and its growth has been considered a threat to the Parliamentary Sovereignty of the UK, since their joining of the EU in 1973. This essay will showcase the treaties, institutions, cases, and acts that have eroded the sovereignty of the UK Parliament and will conclude that the development of the EU will only further reduce the power of Parliamentary Sovereignty as long as the United Kingdom stays a member of the EU.
The European Union (EU) is not a typical international organization. The mix of intergovernmental and supranational institutions makes the EU a unique, distinctive political, and economic system. As Europe has spiraled from one crisis to the next, difficult discussions haves arisen about how much more power should be delegated to Brussels. Even though the EU advocates for “ever closer union”, through increased integration, states are becoming hesitant to relinquish power to the EU. This is due to the fact that state sovereignty has become threatened; it is being compromised by a combination of the lack of effective democratic institutions and the loss of states have lost control of law-making to legislation power to EU institutions. Euroenthuthiasts argue that state sovereignty is enhanced, not threatened, by reallocating power to EU institutions. However, Eurosceptics dispute that too much control has seceded to the EU making is a threat to state sovereignty. My position aligns with Eurosceptics, for the EU has weakened state sovereignty do to increased centralization of power in EU institutions that lack legitimacy. The European Project has obtained a copious amount of jurisdiction from states and eroded a basic fundamental freedom of the modern state- sovereignty. Since the EU has with goals to deepen and widen integration it’s clear that forfeiting state sovereignty will only intensify. My essay will start with a brief history of the European Union and a short
The European Union (EU) was established in order to prevent the horrors of modern warfare, experienced by most of Europe during the World Wars of the 20th century, from ever ensuing again, by aiming to create an environment of trust with the countries of Europe cooperating in areas such as commerce, research and trade (Adams, 2001). The EU has evolved into an economic, trade, political and monetary alliance between twenty-eight European Member States. While not all Member States are in monetary union (i.e. share the currency of the euro), those that are form the ‘Euro-zone’ (Dinan, 2006). The EU can pass a number of types of legislation, with a regulation, act, or law, being the most powerful. Its ‘tricameral’ (European Union, 2007)