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EU Constitutional Law Essay: Democratic Deficit

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"The only way to cure the EU's democratic deficit is to give a more important role to national parliaments. National parliaments should not only assess whether EU legislation complies with the principle of subsidiarity - they should also be given a role in reviewing the proportionality of EU le...

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  • October 9, 2022
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Word Count: 1503

"The only way to cure the EU's democratic deficit is to give a more important role to

national parliaments.



National parliaments should not only assess whether EU legislation complies with the

principle of subsidiarity - they should also be given a role in reviewing the proportionality of

EU legislation."



Discuss.



The democratic deficit is a long-standing handicap of the EU, deriving from a lack of mass

political participation, the inaccessibility of decision-making procedures, and the technocratic

nature of institutions. Consequently, giving a more important role to national parliaments

within the EU framework could grant citizens of each Member State better representation at

an EU level, theoretically alleviating the democratic deficit.



This essay will first examine whether the EU has a democratic deficit, exploring the various

factors constituting to its existence. The current role of national parliaments will then be

scrutinised, considering if it is adequate. This essay will then address whether national

parliaments should be more involved in EU policymaking, particularly in assessing the

principles of subsidiarity and proportionality, alongside considering whether the creation of a

new institution is required.




The EU’s democratic deficit

1

, Word Count: 1503




The term ‘democratic deficit’ can be defined to be in occurrence “when ostensibly democratic

organisations or institutions…fall short of fulfilling what are believed to be the principals of

democracy”1. Democratic legitimacy can only be attained if a population has trust in its

political system and the institutional procedures which function as a system of checks and

balances on those in governance.



The democratic deficit can be divided into various factors. Firstly, the EU is unresponsive to

democratic pressures due to a lack of ability for voters to change government: a fundamental

feature of democratic regimes2. Secondly, there are arguments concerning an ‘executive

dominance’ due to the transmission of competences to the EU increasing the power of the

executive at the expense of national parliaments and their prerogatives 3. Furthermore, there

is the issue of distance resulting from decisions predominantly being made in Brussels,

leading to the isolation of EU citizens. This is worsened by the complexity of the procedural

system, which is difficult for anybody other than technocrats to comprehend, and the lack of

transparency of decision-making, which has traditionally been behind closed doors. Lastly, the

absence of a European political stage enabling the competition of European wide political

parties means there is no contestation for political policy and leadership as be required by a

democratic polity4.

Is the democratic deficit ‘curable’?




1
S.Levinson, ‘How the United States Constitution Contributes to the Democratic Deficit in America’, 55 Drake L.
Rev. 859, 860 (2007)
2
A.Follesdal and S.Hix, ‘Why there is a Democratic Deficit in the EU’(2006) 44 JCMS 534
3
K.Neunreither, ‘Democratic Deficit: Closer Cooperation between the European Parliament and National
Parliaments’ (1994) Government and Opposition, Vol 29, No.3,
4
A.Follesdal and S.Hix, ‘Why there is a Democratic Deficit in the EU’(2006) 44 JCMS 538

2

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