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Democratic Deficit - EU Law
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Notes about the democratic deficit in relation to EU law.
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EU Law Lecture 4 – 09/10/15Democratic Deficit
Balance of powers between the institutions – is the democratic input
into the process relevant?
Does this matter? What is the status and effect of EU legislation?
The effect of EU legislation
Article 288 TFEU – Regulations, directives and decisions have
varying degrees of binding force. Recommendations and opinions
have no binding force. Regulations are of general legislative effect,
directly applicable and may be able to satisfy requirements of direct
effect. Directives bind member states as to enacting them. Difficult
for regulations to be challenged under judicial review, easier for
decisions to be challenged.
International Fruit Company v Commission – court looked at
substance of measure, it had been adopted as a regulation, but it
was in reality a series of decisions, so there should be a right of
challenge. Crucially no mention of resolutions in the document, but
the court looked at it as if it was a resolution. Where the nature of
the act determines its effect, the court is willing to look behind the
act to the substance to find out what it actually does, and therefore
what its effect is.
Public Opinion
Daily Express survey 9/10/15 – 53% of voters would vote to leave
the EU unless powers are transferred back from Brussels.
Telegraph 9/10/15 – Reporting on launch of ‘vote leave’ campaign,
which unites figures from left and right
Conferred Powers
Article 5 TEU – (1) The limits of the Union competences are
governed by the principle of conferral.
(2) Under the principle of conferral, the Union shall only act within
the limits of the competences conferred upon it by the member
states in the treaties to attain the objectives set out therein.
Competences not conferred upon the Union in the Treaties remain
with the member states.
The EU can only act to achieve the objectives specified by the
member states.
If the MS have no given the EU the power, the power remains with
the MS.
Article 4(1) TEU – in accordance with Article 5, competences not
conferred upon the Union in the Treaties remain with the member
states
Scope of the EU’s power
Economic integration (Article 26 TFEU)
Environmental protection, tackling climate change (Article 191
TFEU)
Energy (Article 194 TFEU)
Consumer protection (Article 169 TFEU)
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