The European Union: Balancing Democratic Deficit?

Introduction

“Democratic deficit” has become almost a cliché in theoretical and political discourse about the European Union. But how just is it? The year 2004 has seen a number of historic developments. On 1 May, the largest enlargement in the history of the EU brought in ten new members, most of whom just recently overcame authoritarian regimes - by active democratic process. The adoption of the European Constitution, which for the first time spells out the rights of citizens promises (if endorsed nationally) to become a solid democratic foundation for the new Union. And the first "victory" of the European Parliament in a standoff with the European Commission seems to be a sign of maturity of the only democratically-elected body of the Union. There seems to be hope in sight for the “Europe of Peoples” – or does this all sound just too good to be true?

EUMAP is pleased to publish the following new articles devoted to analysis of the EU’s – perceived or real – democratic deficit.

The feature opens with an article from an MEP, which pioneers analysis of a new and ground-breaking (although so far largely overlooked) provision in the EU Constitution: a right to a direct citizens’ initiative. While still sketchy and scant, the provision is deemed likely to make a tremendous impact in future on bringing the EU closer to the people and giving people a say in the Union’s affairs. The authors argue that the initiative needs to be seized!

An article by a Slovenian constitutional lawyer analyses whether and how the new EU Constitution could eliminate the EU’s alleged democratic deficit. His conclusion: the Constitution is only a structure, even though a better one. However the Janus-nature of the EU’s democratic deficit requires addressing the human component to it, which is a much bigger challenge.

An article by a young American scholar taps into the EU’s circular institutional and decision-making structures as a primary source for claims of the Union’s democratic deficit. She outlines the parameters of the problem and sketches basic recommendations to overcome it.

Last but not least, an expert provides insights into the plans to establish the EU’s Human Rights Agency.

The Citizens' Right of Initiative in the European Constitution: A Second Chance for Democracy?
Diana Wallis MEP and Severine Picard, EP
"The right of citizens to have their voices heard and taken into account is an essential element of good governance. While the new European Constitution per se may or may not eliminate all the accumulated problems, there may be a ‘magic’ clause for democracy: a citizens' right of initiative. This paper argues that the new constitutional provision has a huge potential to bring the Union closer to its citizens."

Can the New European Constitution Remedy the EU "Democratic Deficit"?
Matej Avbelj, Director of the Law Institute in Ljubljana, Slovenia
"The EU's formal democratic deficit is not as a big problem as it is portrayed, and that the new Constitution in its present form can remedy most, if not all of it. The problem, however, lies in the social component of the democratic deficit."

The European Union’s “Democratic Deficit”: Bridging the Gap between Citizens and EU Institutions
Jennifer Mitchell, PhD candidate at the Polish Academy of Science
"Europe’s democratic deficit, whether it be perceived or real, is largely due to the EU’s institutional architecture, which promotes a type of circulatory decision-making process, but permits little input from the European public sphere. Compounding this situation is the informal nature of negotiations that often take place among and within the key policy-making bodies of the EU, leading to a less than transparent, and sometimes unpredictable, policy-making process."

Establishment of a European Agency on Fundamental Rights: Opportunities and Challenges
Michael Beis, MA, Brussels University
"The establishment of the European Agency on Fundamental rights raises delicate questions about the legal basis of the EU as well as about the Community’s limited powers in the field of fundamental rights. The main debate is focused on the definition of the Agency’s field of action, its remit, its tasks and the synergies it might develop with European and International institutions to avoid duplication."

Image © Clipart.