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EU Constitutional Law - Formative Essay 2022-2023
EU Constitutional Law - Formative Essay 2022-2023
Europe for the purpose of promoting peace, stability, and prosperity on the continent. Despite
its success in achieving these goals, the EU has been criticized for having a democratic
deficit, which refers to the perceived lack of democratic accountability and legitimacy in the
organization's decision-making process. This essay will discuss the existence of democratic
deficit in the EU and the particular institutions that may be responsible for this democratic
deficit. It will also explore possible solutions to solve this democratic deficit.
To understand which organisation is responsible for this deficit and the solution for this
democratic deficit, the first step would be to distinguish between the roles of the various
institutions of the EU and analyse how as per the quoted question, the Commission is at fault
and why the European Parliament and The Council would be better fit to propose and oversee
EU legislation.
Since most policies are formulated in ministerial meetings, larger members tend to make
deals and expect smaller ones to follow suit. The European Commission has a great deal of
power when it comes to initiating policies and ensuring their implementation. It represents
the autonomous EU interest. Along with the application and implication of EU law it also
executes the budget of the EU and ensure the Union’s external representation. The European
Court of Justice has some governance powers as it has the power to interpret laws, and the
European Central Bank has strong influence over the economic policies of the sovereign
member states of the euro.
Meanwhile, the (elected) European Parliament is relatively weak. For example, it cannot raise
taxes, dismiss the Council of Ministers, or appoint or dismiss the President of the European
Central Bank. The Lisbon Treaty gave the European Parliament some additional powers, but
it is not clear how effective these powers are compared to non-elected bodies. The powers
that it does possess include its legislative function allowing it to be one of the two co –
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legislators in the EU together with the Council. It has an important role in approving the EU’s
budget. The European Parliament also holds the European commission accountable. It has the
power to sack the European Commission as a collective body. However, it does not have the
power to force individual commissioners to resign but can put pressure on the President to
ask an individual Commissioner to resign.
The Council represents the interests of the Member States in the EU. It is the
intergovernmental institution of the EU. Its functions include being one of the co legislators
in the EU as well as approval of the budget of the EU. The council is responsible for
concluding international agreements on behalf of the EU
There are several factors that contribute to the democratic deficit in the EU. One of the main
issues is the lack of democratic representation in the EU's decision-making process. The EU
operates through a complex system of institutions, including the European Parliament, the
European Commission, and the Council of the European Union. The European Parliament is
the only directly elected institution in the EU, but it has limited powers compared to the other
two institutions. The European Commission and the Council of the European Union are not
directly elected, which means that they are not accountable to the citizens of the EU. This
makes it difficult for the citizens of the EU to hold these institutions accountable for their
actions.
Another factor contributing to the democratic deficit in the EU is the lack of transparency in
the EU's decision-making process. The EU operates through a complex system of institutions
and decision-making processes, which makes it difficult for citizens to understand how
decisions are made. This lack of transparency makes it difficult for citizens to hold the EU
accountable for its actions.
Moreover, the EU could also improve its relations with national parliaments. This would
involve ensuring that national parliaments have a greater role in the EU's decision-making
process and that they are able to hold the EU accountable for its actions. This would increase
the democratic legitimacy of the EU and make it more representative of the citizens of the
EU.
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Finally, another solution is to increase the involvement of national governments in the EU's
decision-making process. This could be achieved by giving national governments more
powers in the EU and making them more directly accountable to citizens. This would
increase the democratic legitimacy of the EU and make it more representative of the citizens
of the EU.
It is also important that the European Parliament and the Council are granted more powers to
propose EU legislation. This would increase the democratic legitimacy of the EU by giving
citizens a direct voice in the EU's decision-making process. Currently, the European
Parliament is the only directly elected institution in the EU, but it has limited powers
compared to the European Commission and the Council of the European Union. By granting
the European Parliament and the Council more powers to propose EU legislation, the EU
would become a more democratic and representative political entity.
Giving the European Parliament and the Council more powers to propose EU legislation
would increase accountability in the EU's decision-making process. Additionally, by
involving the Council of the European Union in the legislative process, the EU would
become more representative of the citizens of the EU, as national governments would have a
greater role in the EU's decision-making process.
Moreover, granting these institutions more powers to propose EU legislation would make the
EU's decision-making process more efficient. This is because the European Parliament and
the Council would be able to propose legislation that is more in line with the needs of
citizens, as they would be directly accountable to citizens. Additionally, the EU's legislative
process would become more streamlined, as the European Parliament and the Council would
be able to work together to produce legislation that is in the best interests of the EU and its
citizens.
Legal examples
There are several legal examples that demonstrate the importance of granting the European
Parliament and the Council more powers to propose EU legislation. Some of these include:
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Treaty of Lisbon (2007): This treaty established the "Ordinary Legislative Procedure,"
which allows the European Parliament and the Council to jointly propose legislation.
This increased the powers of the European Parliament and the Council and made the
EU's legislative process more democratic and representative.
Article 288 of the Treaty on the Functioning of the European Union (TFEU)2: This
article allows the European Parliament to request that the Commission present a
proposal for new EU legislation. This increased the powers of the European
Parliament and made the EU's legislative process more democratic and representative.
These legal examples demonstrate the importance of granting the European Parliament and
the Council more powers to propose EU legislation. By doing so, the EU can become a more
democratic and representative political entity that is better equipped to serve the needs of its
citizens.
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REGULATION (EU) No 211/2011
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Article 288 — (ex Article 249 TEC)
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Conclusion
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Bibliography
Treaties
1. Treaty of Lisbon
2. Treaty on the Functioning of the European Union (TFEU)
3. Regulation (EU) No 211/2011