A10 Treaty of the European Union (TEU)
EU is based on a representative democracy
Define direct democracy
Every person gets an actual say
-> referendums an example
Define representative democracy
The people elect representatives to make legislative decisions on their behalf
Three aspects of democracy
ACCOUNTABILITY
- Can institutions/representatives be held to account
LEGITIMACY
- What authority/mandate do those in power have to make their decisions
TRANSPARENCY
- Is it easy to see the decisions that are made
- Is it is easy to see HOW the decisions are made
3 Articles of TEU relative to democracy in EU
A10
A11
A12
A10 TEU
- EU formed from representative democracy
- Introduces idea of political parties forming this democracy
A11 TEU
EU must be accountable to its citizens
CITIZENS INITIATIVES = allow direct engagement with the legislative process
A12 TEU
- National P’s relationship with EU
- Concept of a SUBSIDIARY relationship = EU should only legislate in areas of law which would be advantageous if the EU acted as a whole -> agriculture
Role of the COMMISSION (COM)
Executive branch of EU -> initiates policy and legislation
Under A258 TFEU they are responsible for enforcement of EU law
In charge of Common Agricultural Policy (CAP) -> where most of the EUs budget is spent
APPOINTMENT to the COM
Nominated by MSs
Oversight of nomination by elected EP, but doesn’t extend further than questioning etc.
EP can’t dismiss a can date without dismissing entire COM under A234 TFEU
Then appointed by European Council (C)
NO REAL ENGAGEMENT WITH CITIZENS
President of COM
C votes for a nominee
This must be approved by the EP, but C is clearly more in control
Criticised as the COM President is pretty much President of EU, citizens should be able to vote for them
POWERS of the COM
A258 TFEU = enforcing EU law
A17(2) TEU = monopoly on legislation proposals
A17(1) TEU = manages programmes
A314 TFEU = manages draft budget
The COUNCIL (C)
A16(2) TEU = shall consist of ministers representative of national govts at ministerial level
Role of C
Executive -> initiates legislation with COM and can request they undertake any studies etc to attain common goals
Legislative -> co-decision on legislation with EP (breach of SoP?!)
Represents national interests
What voting system does C use?
Qualified majority voting
Why is qualified majority voting in C important?
- Ministers are from national govts voted for by citizens of each MS
- The number of votes given to each country is dependent on population size
- This ensures the majority of EU citizens approve legislation
- Indirect democracy?
- Can allow for discrimination against smaller countries
How is EP elected?
Directly by citizens every 5 years (only directly democratic body)
How did SINGLE EUROPEAN ACT 1986 make EP more powerful?
Previously only had to be consulted on legislation -> was given power of veto on legislation
What is voter turnout like for EP?
POOR
- Use of party system different from national parties is confusing
- Lack of publication
- 2014 only 42.6% turn out
- 1999 saw 23m vote in BigBrother results, compared to 11m in EP elections
Powers of EP
Jointly decides with C (via co-decision) on legislative/budgetary matters Since MAASTRICHT (TEU) 1992 has power to appoint COM president Is supervisory of other institutions
How did the LISBON TREATY 2007 make the EU more democratic?
Gave EP greater powers of scrutiny over other bodies
WEILER’S 4 definitions of democratic deficit
- Increased role of executive COM in matters of legislation
- Weakness of EP
- Lack of ‘European’ elections
- Decrease in national parliamentary control
How does the COM add to democratic deficit?
- Excessive control over law making even though unelected
- Primary control over secondary legislation = director of policy with exclusive power to initiate legislation
- Has power to take MSs to ECJ for not apply treaties correctly
How does EP contribute to democratic deficit?
- Limited power on legislation
- Smaller MSs overly represented
- No power of selection process of COM
- Citizens have no real connection or interest with it = low turnout =not really representative
