SYMBIOSIS INTERNATIONAL DEEMED UNIVERSITY

INTERNAL ASSIGNMENT- I
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PRINCIPLES AND FOUNDATIONS OF EUROPEAN LAW AND

POLICY

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Submitted by

PRN-20010323063

DIVISION-A

AND

PRN-20010323017

DIVISION-A

SYMBIOSIS LAW SCHOOL, HYDERABAD

SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

In

October 2022

BA.LLB 2020-25

Symbiosis Law School, Hyderabad

1Q What do you mean by democratic Deficit? Does the EU suffer from a “democratic
deficit”?

1 Ans- A democratic deficit is said to occur when apparent democratic organizations or

institutions do not meet the principles of democracy, or the decision-making procedures do
not have as much accountability or democratic ideals that would be necessary per a
democracy. There are various opinions on whether or not EU suffers from a democratic
deficit or not. The "standard version of the democratic deficit" was created in the 1990s. This
is based on the finding that powers granted to the supranational structure of the EU by
member states have escaped national legislative authority. Although, in today’s times, this is
not seen as the standard that is to be applied. The EU falls short in various expectations,
particularly in terms of participative or representative democracy. It is fair to say that the
political representation is not quite adequate. There is no parliamentary legitimation due to
various reasons, most of which owe to there being no responsible government setup. It is
essential that the EU bring out reforms in terms of citizenship and representation if the ends
of it mean democratizing the EU. The EU in today’s day and age follows a system that can be
said to be fairly heterogenous. The idea of “illiberal democracies at the member state level”
has also become a part of the debate in today’s day and age. In a representative democracy,
the electoral process—in which "inputs are largely put forward via the process of elections
and, within the electoral process, through parties” is what justifies a political system and
makes the will of all parties expressed but, in the EU, this is not what happens. It is also
important to make note of the fact that members of the European commission are not elected
directly by the citizens. Further, it is the commission that determines the direction in which
the EU moves. These decisions made by the commission are detrimental. In conclusion it can
be said that the EU does suffer from a democratic deficit, more so when it is viewed through
the lens of a representational democracy.

2Q. Elucidate the concept of direct applicability of EU law and its limitations.

2 Ans- Direct applicability of EU laws is basically when a legislation of the European Union,
without the need of a domestic legislation, becomes the national law of any member state.
This is mentioned is article 288 of the treaty of the function of the European Union. Article
288 clearly states that EU regulations are applicable directly. These regulations are directly
binding on the member states. Article 288 also declares that EU decisions are only directly
relevant to the people they are directed to. According to the EU Court of Justice, EU treaties
are immediately applicable. EU directives, on the other hand, are not immediately effective
since by the transposition date, member states must pass national implementing legislation to
give effect to them. In the case of van Gend & Loos v Netherlands Inland Revenue
Administration, the court of justice of the European Union spoke about the effect of the EU
Law. According to the ruling, EU legislation creates rights for people as well as duties for EU
Member States. Therefore, regardless of the existence of the national law test, individuals
may utilise these rights and immediately invoke EU law before national and European courts
given that no judicial remedy exists as per the national law. There are also various limitations
that come along with the applicability of EU law. The legislation can only be binding to
members states that the legislation has been addressed to and not all the member states. It is
also important to note that the members states can pick the various methods and reforms to be
made to the legislation binding by the European Union. It is also essential that a national
imposition legislation has to be enacted by the transposition deadline. Even though the
legislation of the European Union is binding on the member states, the recommendations and
the opinions that come with it or post when it comes into force, are not binding. These are
some of the limitations that come along with direct applicability of the EU law.