Exam (elaborations)
Exam (elaborations) EU Law (M100)
- Module
- EU Law (M100)
- Institution
- Liverpool John Moores University (LJMU)
Assignment based on EU Law with references
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‘Article 10 TEU states that the European Union is a representative democracy. Yetscholars have advanced, on the one hand, that the European Union is not a
democracy but a democracy; and on the other hand, that it lacks democracy
altogether.’
In light of the above statement, discuss the democratic credentials of the
European Union with reference to relevant European Union legislative primary
sources, CJEU jurisprudence and academic commentaries as appropriate.
In this assignment, it will be focused on how the European Union is a representative
democracy and how others have said it is not a democracy as it lacks certain
democracy. 1Democracy does not necessarily mean the same thing in the EU
and the UK. The European Union needs to strike a consensus between
different democracies of the member states, some being coalition systems
with multiple parties, some with first- past - the -post systems. The European
Union cannot have the same type of democracy as a state, because it is a
supranational organisation, working for the benefit of citizens and countries.
Only certain democratic states are able to join the European Union, and they are
only able to be part of the European Union if they are a country, government or a
political system which are governed by representatives who are voted by the people.
The European Union is anti- democratic, it constantly tries to force their own will onto
their members even if it is not in their democratic direction and this means if the
United Kingdom wants to have political power, rights and freedom then they have to
leave the European Union, and from this they have caused Brexit. 2Now that it's no
longer in the European Union, the United Kingdom is free to set its own trade
policy and can negotiate deals with other countries. This means that the United
Kingdom does not have to ask the European Union if they can make a deal with a
different country about trades and they can now do this with their own free will.
3
Northern Ireland will continue to follow many of the EU's rules in order to
avoid a hardening of its border with the Republic of Ireland. This will mean
1 Kialo, 'The EU is not democratic ' (Kialo, 3 March 2018) <https://www.kialo.com/the-eu-is-not-
democratic-8708.243?path=8708.0~8708.1-8708.235_8708.243> accessed 21 February 2022
2 Bbc, 'Brexit' (BBC, 30 December 2020) <https://www.bbc.co.uk/news/uk-politics-32810887>
accessed 21 February 2022
3 Bbc, 'Brexit' (BBC, 30 December 2020) <https://www.bbc.co.uk/news/uk-politics-32810887>
accessed 21 February 2022
, however that new checks will be introduced on goods entering Northern
Ireland from the rest of the UK. So since the UK has left the European Union this
didn’t fully involve Northern Ireland because of the Republic of Ireland since they
both share so many goods between them including food and alcohol, this is also the
same for England since they get some of the same goods as Northern Ireland from
the Republic of Ireland so with this they have just created new checks for the goods
to enter the rest of the United Kingdom.
A representative democracy is all over the world including the UK having a
constitutional monarchy, France having a unitary state and the United States having
a democratic republic, a representative democracy is also known as an indirect
democracy. 4Representative democracy is a form of government in which the
people elect officials to create laws and policy on their behalf. Within the law
making process there are political institutions which are the EU Commission, Council
of the European Union and European Parliament. The process of this is that 5First
Reading- The Bill arrives in the house of lords, this is where it is read in the
chamber, Second Reading- The main debate of the purpose and the key areas
of the bill, Committee Stage- votes on suggested changes, Report Stage-
another chance to make changes and to look over it, Third Reading- Close any
loopholes and final chance to make changes, Consideration of Amendments- a
ping- pong process, where it gets sent to commons for them to agree and if
they want to make any changes if they do then it goes back to lords and the
back to commons, and the final part of the process is Royal Assent- where
when both agree and then it becomes a law or an act of parliament. This shows
that it can take a good while for a law to be created because of the ping- pong
process as both the lords and the commons may have a lot of changes and cannot
agree on what should be changed and what shouldn’t.
The European Union is not a state but it does obtain its authority from the member
states, 6The European Union remains a mystery to many observers. It is neither
4 Robert Longley, 'Representative Democracy ' (Thought Co, 3 August 2021)
<https://www.thoughtco.com/representative-democracy-definition-pros-cons-4589561> accessed 23
February 2022
5 Parliament , 'Making of the Law' (Parliament, 17 August 2018)
<https://www.parliament.uk/business/lords/work-of-the-house-of-lords/making-laws/> accessed 23
February 2022
6 Christopher Bickerton, 'European Union isnt a state' (Bbva open mind, 28 March 2018)
<https://www.bbvaopenmind.com/en/articles/from-nation-states-to-member-states-european-
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