The Democratic Deficit of the EU: Two Schools Under One Roof

2019 ◽  
pp. 155-172
Author(s):  
Adnan Mahmutovic ◽  
Nermina Memic-Mujagic
Keyword(s):  
Democratic Deficit ◽  
The Eu

scholarly journals Aniversarios con luces y sombras: Constitución española, integración europea y ‘defectos estructurales’ de la UE // Anniversaries with Mixed Feelings: the Spanish Constitution, European Integration, and the «Genetic Defects» of the EU (1957-2017 and 1978-2018).

2017 ◽  
Vol 1 (100) ◽  
pp. 1139
Author(s):  
Antonio Carlos Pereira Menaut
Keyword(s):  
European Integration ◽  
Political Community ◽  
Democratic Deficit ◽  
Constitutional Rule ◽  
Spanish Constitution ◽  
Mixed Feelings ◽  
Structural Failures ◽  
Political Communities ◽  
The Impact ◽  
The Eu

Resumen:En conjunto puede decirse que tanto la UE como la Constitución española de 1978 han sido grandes éxitos que ahora celebran sus aniversarios, pero ambas tienen problemas que deben ser resueltos. En el caso de la UE, parece haber un puñado de defectos estructurales difíciles de eliminar y que dificultan mucho solucionar el déficit democrático y la plena constitucionalización de la Unión. Los mismos defectos estructurales plantean la cuestión de hasta dónde puede llegar la integración europea, manteniendo, al mismo tiempo, la integridad constitucional española, o al menos no amenazándola. Nos inclinamos por abandonar el método funcionalista, pasar a un tipo de gobierno plenamente político y constitucional, y encaminarnos hacia un federalismo pluralista, más bien dual y del tipo del americano.Summary:I. By way of an introduction. II. Some points to start with. III. On federalism, once again. IV. Has european constitutionalism some structural failures? A. Constitutionalism and the functionalist method. B. The impact of the insufficient EU democracy on Spanish constitutionalism. C. Is the EU a pluralistic, multilevel political community composed of smaller, yet real, political communities? D. Globalisation, European constitutionalism, and Spanish constitutionalism. V. How much European integration is the Spanish constitution apt to admit of?Abstract:On the whole, one may safely say that both the EU and the 1978 Spanish Constitution have been runaway successes that are now about celebrating their anniversaries, yet both have problems that should be addressed to. In the case of the EU, there seems to exist a handful of structural failures that are not easy to remove and make very difficult to cope with the democratic deficit and the full constitutionalising of the Union. The same inbuilt failures pose the question of how far may European integration go while at the same time maintaining, or not menacing, the integrity of the Spanish Constitution. Our leanings go towards abandoning the functionalist method, embracing a fully political, constitutional rule, and making for a pluralistic, rather dual, American-like, kind of federalism.

Facing Democratic Crisis in the EU: the New European Citizens’ Initiative Regulation

2020 ◽  
Vol 9 (1) ◽  
pp. 117-147
Author(s):  
Diego González Cadenas
Keyword(s):  
Public Sphere ◽  
Democratic Deficit ◽  
European Public Sphere ◽  
European Public ◽  
Technical Issues ◽  
The Creation ◽  
Effective Development ◽  
Popular Initiative ◽  
Legitimacy Crisis ◽  
The Eu

For some scholars, the possibilities for diminishing the European democratic deficit and the Union’s legitimacy crisis are intertwined with the creation of a European demos and a European public sphere, that, in turn, can create a European civil solidarity. The European citizens’ initiative, which has recently been re-regulated, was precisely designed to help to solve these problems. As we shall see, the new Regulation includes a whole series of positive technical issues that will improve the usage of the mechanism. However, the European citizens’ initiative is still far from being a popular initiative and, therefore, to contribute to diminish the perception of distance between institutions and citizens of the EU or promoting the creation of a European demos. In this vein, after an overview of the European citizens’ initiative new Regulation main innovations and weaknesses, I will present a set of measures in order to achieve a more effective development of the mechanism.

scholarly journals Why Europe Does not Need a Constitution: On the Limits of Constituent Power as a Tool for Democratization

Res Publica ◽  
2021 ◽  
Author(s):  
Aliénor Ballangé
Keyword(s):  
European Union ◽  
European Integration ◽  
Democratic Participation ◽  
Democratic Deficit ◽  
The European Union ◽  
Constituent Power ◽  
Bottom Up ◽  
Cautious Approach ◽  
Theoretical Hypothesis ◽  
The Eu

AbstractIn this article, I question the use of the notion of ‘constituent power’ as a tool for the democratization of the European Union (EU). Rather than seeing the absence of a transnational constituent power as a cause of the EU’s ‘democratic deficit’, I identify it as an opportunity for unfettered democratic participation. Against the reification of power-in-action into a power-constituted-in-law, I argue that the democratization of the EU can only be achieved through the multiplication of ‘constituent moments’. I begin by deconstructing the normative justifications surrounding the concept of constituent power. Here I analyze the structural aporia of constituent power and question the autonomous and emancipatory dimension of this notion. I then test the theoretical hypothesis of this structural aporia of the popular constituent power by comparing it with the historical experiments of a European popular constituent power. Finally, based on these theoretical and empirical observations, I propose to replace the ambivalence of the concept of popular constituent power with a more cautious approach to the bottom-up democratization of European integration: that of a multiplication of transnational constituent moments.

scholarly journals Europeanisation, Devolution and Popular Sovereignty: On the Politics of State Transformation in Scottish Nationalism

2021 ◽  
pp. 089692052110405
Author(s):  
James Foley
Keyword(s):  
Political Development ◽  
Popular Sovereignty ◽  
Democratic Deficit ◽  
State Transformation ◽  
Nation States ◽  
Complex Picture ◽  
Scottish Independence ◽  
The Eu

This research examines the interacting role of processes of state transformation – namely, devolution and Europeanisation – in the development of Scottish nationalism. It draws on the concept of ‘member statehood’, examining how relationships within nation states have been transformed by the European dynamic. Superficially, Scotland seems to contradict central aspects of this theory: the main citizen mobilising response to Brexit has been in Scotland and aimed precisely at restoring a notional Scottish popular sovereignty by re- joining the EU. However, an analysis of Scottish political development reveals a more complex picture putting state transformation theories in a more sympathetic light. Scottish independence emerges as a complex, contradictory response to post-neoliberalism and the crisis of member-statehood. While Europeanism has proved a useful tool for competing forces in Scotland, it has been refracted through problems of a ‘democratic deficit’ and claims for the ‘restoration’ of sovereignty appealing to disenchanted voters.

3. Decision-making and democracy in the EU

2020 ◽  
pp. 61-87
Author(s):  
Sylvia de Mars
Keyword(s):  
Decision Making ◽  
Financial Crisis ◽  
Transition Period ◽  
Democratic Deficit ◽  
Eu Law ◽  
Democratic Government ◽  
Decision Making Processes ◽  
Big Events ◽  
The Uk ◽  
The Eu

This chapter analyses what EU academics have termed the ‘democratic deficit’ in the EU. In EU law, the concept of the ‘democratic deficit’ is used to classify the EU as a system that may hold some of the qualities of a democratic government, but is lacking others. The chapter then investigates just how much ‘democracy’ exists in the EU decision-making processes. There are those who claim that the EU will never be democratic, and those who argue that the EU actually does not suffer from true shortcomings. The chapter evaluates both of those claims, and considers if recent big events in the EU — such as the ratification of the Lisbon Treaty, and the so-called Eurozone financial crisis — impact upon the debate. It also looks at the nature of Brexit during the Withdrawal Agreement's transition period, as well as the future relationship between the UK and the EU.

scholarly journals Can the EU’s constitutional framework accommodate democratic politics?

2017 ◽  
Vol 9 (2) ◽  
pp. E-98-E-118 ◽  
Author(s):  
Nicole Scicluna
Keyword(s):  
Democratic Politics ◽  
Related Issue ◽  
Democratic Deficit ◽  
Greek Crisis ◽  
Political Sovereignty ◽  
General Elections ◽  
Material Conditions ◽  
The Eu

Abstract The robustness of the EU’s constitutional framework – and its ability to accommodate democratic politics – is challenged as never before. The growing disconnect between formally democratic procedures and substantive choice is well illustrated by the Greek crisis. Since its first bailout in May 2010, Greece has held four general elections and a referendum. Yet, the anti-austerity preferences of the Greek electorate have not been effectively translated into policy. This article uses the Greek crisis to analyse the EU’s democratic deficit, and the related issue of the locus of legal and political sovereignty in the EU. It argues that the EU’s constitutional framework is not sufficiently responsive to changing material conditions or to the changing preferences of Europeans. Thus, EU constitutionalism needs to be refashioned in order to strike a better balance between democratic and technocratic governance, as well as between the needs of individual citizens, national citizenries, and states.

scholarly journals The European Citizens’ initiative: too much democracy for EU polity?

2019 ◽  
Vol 20 (2) ◽  
pp. 181-200 ◽  
Author(s):  
Erik Longo
Keyword(s):  
European Convention ◽  
Democratic Deficit ◽  
The European Union ◽  
Eu Governance ◽  
Political Unity ◽  
European Institutions ◽  
Eu Policies ◽  
Eu Commission ◽  
The Eu

AbstractThis Article analyzes the state of democracy in the EU through the study of the European Citizens’ Initiative. The European Citizens’ Initiative (ECI) represents one of the main ways the European institutions chose during the making of the European Convention, and then reproduced in the Lisbon Treaty, to beat populism by bringing decision-making closer to the citizens and promoting a new legitimization of Europe’s political unity. This Article starts by arguing that if one wants to understand European versions of populism it is necessary to pay attention to the reason why “democratic deficit” and “Euroscepticism” are predominant problems that the European Union is facing. It then analyzes the implementation of the ECI and the main issues of this instrument of democratization pointing at three flaws: a) the problem of e-democracy; b) the difficulty of stimulating large participation of civil society and people for the purposes of the ECIs; c) the cumbersome role of the EU Commission and the difficulties to ensure a real participatory instrument for the European citizens. From the analysis of the ECI this Article first advocates for a more robust public sphere in Europe as indispensable ground for a supranational democracy; second, it supports the revision of the ECI procedural aspects to transform it into a viable channel for amending EU policies in a more democratic way; third, this Article participates in the debate over the brand of democracy most suited to EU governance and polity.

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