Does the European Union Have a Democratic Deficit?

Does the European totality Have a re reconcileative Deficit?Critically discuss whether the European junction suffers from a Democratic deficit. In your answer refer to the past and present situations and to the possible future under the pact establishing a Constitution for Europe.IntroductionThis paper evaluates the pop credentials of the European core, holding the popular criticism that the spousal relationship suffers from a so-called republi raft deficit in its legislative suees. The past, present and possible future state of the married couple is analysed so as to determine the truth behind this concern and to analyse the course in which the conjugation has evolved to mollify its critics in this respect. The proposed Constitutional agreement is most unlikely to be espouse in its present draft in the short-medium term given its rejection by France and The Netherlands at case referenda in 2005.1 However, this paper considers the slipway in which the draft Constitut ional treaty proposes to address further the problem of the conjunctions democratic deficit..The Changing Face of Europe One Common ConcernIn 1957 the Treaty of Rome2 was signed with the objective of creating a deep economic relationship between six European states France, Germany, Italy, Belgium, The Netherlands and Luxembourg.. The architects of the European Economic Community, including Schumann and Monnet, were dreaded of the threat of a devastating third war on the European continent and keen to come along European states to associate more closely together to reduce that risk. In those early days, that was the ostensible extremity of political ambition.. The Treaty of Rome was non intended to restrain a constitutional perspective or scope and did not concern itself with issues appropriate to that form of measure..However, the Single European Act3 brought into aftermath a assured and determined scheme to bring the member states of the europium closer together. The rang e of policies under the auspices of the EEC began to grow significantly and the European commissioning, led by the famous Jacques Delors4 became extremely proactive in the justness making process.5 Criticisms of the way in which EEC righteousness was made had been laid against the Community by Euro-sceptic politicians, faculty member commentators, journalists and the public at large for years prior to the mid 1980s, besides it was at around the succession of the passing of the Single European Act that those criticisms and concerns really gained force. The EEC institutions were criticised as operating under what was called a democratic deficit. This is shorthand for the allegation that the EEC institutional and legislative systems were allowing unelected, faceless bureaucrats to create law that would have binding effect across the Community, rather than preserving that task for national representatives elected by direct ecumenic suffrage.The common public and media perception that the EEC was not an effective democratic entity became quickly entrenched as the deputation began producing more and more law for application in the member states. It is submitted that the matter would not possibly have attracted such concern if EC law took second place to national law but in fact criticisms of the democratic deficit were sharpened and polarised by the ruler of the sovereignty of EC law, which inflict that law issuing from this body of dubious democratic credentials took precedence over the highest forms of national law created by ancient democracies capture Costa v ENEL6In terms of a personal particular appraisal it is asserted that there is piddling doubt the democratic deficit criticism was originally wellspring made and well founded.. The European Assembly was no more than a talking shop, with very hardly a(prenominal) powers, until the passing of the Single European Act and the bureaucratic steering was without question the legislative engine of t he EEC. perhaps the best evidence of the extent of the democratic deficit is to be found in observation of the significant efforts of the Community to address the issue in more recent fourth dimensions.For example, the Single European Act itself, in a subtle move, renamed the Assembly the European Parliament, presumably to give the institution a more democratically-positive and exacting (sounding) title. The new Parliament was also allowed some marginal new powers in the law making process of the Community.This gesture did nothing to silence those critical of the EEC lack of democracy. Commonly known as the Maastricht Treaty, the Treaty on European Union7, was signed in 1992 and the EEC became the EC, which in turn became one part of the European Union. Alongside other massive changes, again the law making powers of the European Parliament were strengthened and developed, this time quite substantially so, in an attempt to re-balance the legislative processes of the Union. It was hoped that this would further mollify those critical of the Unions democratic deficit. It is submitted that the fully elected Parliament now had a real and effective part to run for in the EU law making regime, but criticism of a democratic deficit belt up persisted given the huge influence and power that the unelected way still retained over the process.The Treaties of Amsterdam and dainty followed. These were largely aimed at reorganising the EU law and institutions so that the Union could operate more effectively and swimmingly after its intended enlargements. This enlargement has now taken place and on 1 January 2007 the Union grow to embrace 27 member states with the accession of Bulgaria and Romania.8 It was hoped that a new EU Constitution could have been adopted prior to the recent enlargement phase in order to better equip the expanded Union for its future operation and growth.The Constitutional TreatyThe first step towards the establishment of an EU constitution was t he write of the Treaty establishing a Constitution for Europe in October 2004.9 Inter alia, the draft Treaty provides that seats in the European Parliament impart be distributed on a degressive proportional basis and that the Commission (which lacks any democratic authority) will be reduced in size from 2014, so as to diagnose the number of Commissioners equivalent to two-thirds of the number of member states.Addressing the democratic deficit head on, the Constitutional Treatys default law making procedure would be one requiring the joint adoption of measures by the Council and the European Parliament.10 The Treaty would have required the Council to convene in public when making law and required that national parliaments would receive information relating to new EU legislative proposals in sufficient time to allow them to discover ministers as to how to cast their vote in Council.Furthermore, the Treaty would have given national parliaments the power to subject proposals to the Commission for reconsideration if they believe the matter at issue lies outside the competence of the European Union and the Treaty proposed to give the principle of subsidiarity the important status of a fundamental legal principle of the Union. In addition, the Treaty would have established a so-called citizens right of initiative, which would require the Commission to consider proposals for legislation that gained the support of at least 1 million citizens of the EU. That said, it is debatable precisely what force and effect this might have had in practice, given that consideration may merely result in the Commission saying No, or rather Non.In combination these reforms would have gone some way to counter persistent criticisms that the EU labours under a democratic deficit.11 However, it is submitted that Avbelj overstates its potential effect when he sensibly tenuously suggestsThe EUs formal democratic deficit is not as a big problem as it is portrayed, and the new Constitutio n in its present form can remedy most, if not all of it.12In rebuttal, Irish Party Sinn Fein has observedThe Constitution does not effectively redress the democratic deficit issues place in the Laeken Declaration. Instead it shifts the balance of power and control yet further from the sovereign national parliaments and towards the EU.13In particular, it is stressed that the European Commission would remain the sole initiator of legislative proposals under the draft Treaty. opposite bodies, including the European Parliament, the Council and lobbying blocks of millions of citizens can merely ask the Commission to consider drafting a proposal.14Concluding CommentsIn conclusion it is submitted that the European Union does and always has suffered from a democratic deficit. This stems from the very foundations of the European Economic Community, when the European Commission was given largely unrestricted bureaucratic powers to administer what began in effect as little more than an econo mic club. The essential problem has been that the EEC quickly outgrew its initial parameters and objectives, soon becoming the European Community (dispensing with the word Economic because now its horizons were much broader)15 within a greater EU, but the Commission has stayed, incongruously it is submitted, at the very heart of the law making process by dint ofout this period of quick growth and evolution.In simple words, the EEC began with a massive democratic deficit but it did not become controversial until it began to develop its powers. Since the mid 1980s the democratic deficit has gradually been whittled away, largely through successive Treaty amendments which have slowly given more power and influence to the elected European Parliament.. It is true that the draft Constitutional Treaty would have continued this process, introducing further reforms to address the democratic deficit. However, the Commission, which lacks democratic credentials, will still cling tightly to the law making process even if the implementation of the Treaty proposals ultimately takes place..In order to banish the spectre of the democratic deficit completely from the European Union and its processes it will be necessary drastically to re-assess the role of the European Commission. The Commission will need to be reduced in status to that of an ordinary national civil service, and the European Parliament must hire full responsibility for law-making, before the EU can hope to assert full democratic authority. This will be a bitter pill for the Commission to swallow it has always jealously and vociferously guarded its role and power. However, if the EU is to mature into a deeper union this policy must at some focus be implemented.BIBLIOGRAPHYConsolidated version of the Treaty establishing the European Economic Communityhttp//eur-lex.europa.eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en000103 31.pdf.Treaty establishing a Constitution for Europe (2004) http//europa.eu.int/co nstitution/index_en.htmAvbelj M., Can the New European Constitution Remedy the EU Democratic Deficit? (2005) http//www.eumap.org/journal/features/2005/demodef/avbelj.The European Union Balancing Democratic Deficit? (2005/03/10) http//www.eumap.org/journal/features/2005/demodef.Foster, EC Legislation (2006-2007), (2006) Blackstones Statutes (London)Kent, Law of the European Union, (2001) LongmanReport from the Presidency of the Convention to the President of the European Council (18.07.2003) see http//european-convention.eu.int/bienvenue.asp?lang=ENSteiner and Woods, Textbook on EC Law, (2003) BlackstoneStraw sees no point in EU vote, June 6 2005 http//news.bbc.co.uk/1/hi/uk_politics/4612021.stmCases as footnoted.11 Straw sees no point in EU vote, June 6 2005 http//news.bbc.co.uk/1/hi/uk_politics/4612021.stm2 Consolidated version of the Treaty establishing the European Economic Community http//eur-lex.europa..eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en000103 31.pdf.3 The SEA entered into force in July 1987.4 President of the European Commission 1985 1995.5 understand for context Margaret Thatchers story to the Hanover European Council, July 30 1988 Hansard HC 136/525-35http//www.margaretthatcher.org/speeches/displaydocument..asp?docid=107281.6 Case 6/64.7 Foster, EC Legislation (2006-2007), (2006) Blackstones Statutes (London).8 See http//europa.eu/pol/enlarg/index_en..htm.9 See for detail http//europa.eu.int/constitution/index_en.htm.10 Report from the Presidency of the Convention to the President of the European Council (18.07.2003) see http//european-convention.eu.int/bienvenue..asp?lang=EN.11 The European Union Balancing Democratic Deficit? (2005/03/10) http//www.eumap.org/journal/features/2005/demodef.12 Avbelj M., Can the New European Constitution Remedy the EU Democratic Deficit? (2005) http//www.eumap.org/journal/features/2005/demodef/avbelj.13 Ireland and the EU Constitution http//www.sinnfein.ie/pdf/EUConstitutionPamphlet.pdf, p10.14 Can it really be argued that EU laws can be described as national governments acting at EU level when the European Commission has the sole right to propose those laws?15 See Kent, Law of the European Union, (2001) Longman, p.9.