By Christopher Lord
A Democratic Audit of the ecu Union presents a scientific review of democracy within the ecu opposed to in actual fact outlined standards. Christopher Lord deals a double problem to generalizations a couple of democratic deficit within the european. at the one hand, it indicates that criteria of democratic functionality within the european may possibly range throughout Union associations and decision-making procedures. nonetheless, it indicates that they could differ throughout key dimensions of democratic governance, together with citizenship, rights, participation, illustration, responsiveness, transparency and responsibility.
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Additional info for A Democratic Audit of the European Union (One Europe or Several?)
258) ‘all national law must give way to Community law, even if the national constitution has to be set aside’ (see esp. Case 6/64 Costa v. ENEL (1964) ECR 585, Case 11/70 (1970) Internationale Handelsgesellschaft ECR 1125, Case 92/78 (1978) Simmenthal II). An implication, as Alex Stone Sweet argues, is that ‘supremacy could work to insulate EC law from national rights protection’ (2000, p. 171). European Institutions – which are not themselves subject to a legally binding Bill of Rights – could be a source of laws that lack the rights protections that, for example, help define what it is to be a German citizen yet still take priority to the rights enumerated in German Basic Law.
Moreover, the act of voting – with its hugely coercive implications – is most likely to be acceptable to losers where it is ‘never merely voting’ unaccompanied by prior ‘discussion, consultation and persuasion’ (Dewey, 1927, p. 207; Miller, 1993). Although this emphasis on deliberation is often treated as a preoccupation of contemporary political thought, it is in fact of ancient lineage. S. Mill argued representative bodies should provide a ‘Congress of Opinions’ where ‘all points of view could present themselves to challenge discussion by adverse controversy’.
The ECJ may have jurisdiction where the Council provides on a case-by-case basis. intergovernmental conference (IGC) scheduled for 2004. Treaty changes ultimately require the unanimous consent of representatives of member governments meeting in an IGC, though they may be prepared by various means, including a deliberative Convention. Delegation, flexibility and extra-territoriality. Even the foregoing does not capture all that needs to be included in a Democratic Audit of the EU. Recent years have seen a growth in various forms of flexible integration in which some institutions and policies only apply to particular Member States.
A Democratic Audit of the European Union (One Europe or Several?) by Christopher Lord