4 - Multilevel Democracy and Judicial Review in the EU

Question 1

2 introductory examples?

Answer 1

1/ Brexit

2/ PSPP ruling

Question 2

What is ultimate ground of PSPP ruling and the 2 considerations it is based on? (3)

Answer 2

1/ pcple of democracy

2/ ECB consists of unelected technocrats

3/ NPs decide about conferral of competences to EU, but ECB is exceeding these competences

Question 3

Criticism of PSPP ruling? (3)

Answer 3

1/ ‘bomb under EU legal order’

2/ pcple of primacy seems undermined as CJEU is supposed to have exclusive power to review acts of EU institutions

3/ risk of spillover effect (other MS using this judgment as precedent)

Question 4

What is democracy? (3)

Answer 4

1/ form of Gvt

2/ where the people rule

3/ embodies commitment to political equality

Question 5

Why does democracy embody commitment to political equality? (2)

Answer 5

1/ 1 person = 1 vote

2/ majority rule

Question 6

What is democracy in modern States?

Answer 6

Representative

Question 7

How does representative democracy materialise itself in practice? (2)

Answer 7

1/ people elect Parliament

2/ Parliament controls Gvt

Question 8

Is democracy important? (2)

Answer 8

1/ way to legitimize public authority

2/ people must have reason to obey public authority => question of legitimacy

Question 9

What are different ways to assess legitimacy of public authority? (2)

Answer 9

1/ outcome, i.e. decision is right

2/ process, i.e. everyone participated

Question 10

What is Plato’s critique of democracy? (2)

Answer 10

1/ minority of philosophers should rule

2/ philosophers are well-educated and know what is best for society & ind.

Question 11

What is problematic with Plato’s criticism of democracy? (2)

Answer 11

1/ today’s societies are pluralistic and there are hence no criteria to determine the best outcome

2/ power corrupts so chances are high that it will be abused if conferred to a minority

Question 12

What does Jeremy Waldron refer to regarding the importance of democracy?

Answer 12

‘Circumstances of politics’

Question 13

Why does Waldron refer to ‘circumstances of politics’? (2)

Answer 13

1/ we need to live together but disagree how

2/ there are no outcome-based standards so we adopt procedures we believe are fair

Question 14

What does democracy do in circumstances of politics?

Answer 14

It provides legitimacy

Question 15

Why does democracy provide legitimacy in circumstances of politics? (3)

Answer 15

1/ citizens have equal right to participate

2/ decision takes place after debate

3/ democracy = response to disagreements about what best decisions are

Question 16

Considerations surrounding democracy in the EU? (4)

Answer 16

1/ EP and Council have no right of initiative

2/ Commissioners are selected by MS/European Council

3/ EC President and EC are approved by EP

4/ EC as a whole can be sent away by EP

Question 17

What are some noted problems regarding democracy in the EU? (4)

Answer 17

1/ executive dominance and decrease in parliamentary control

2/ EP too weak

3/ European elections still second-order

4/ distance btwn EU and citizens

Question 18

What do Hix & Follesdal see as a major democratic pb of EU? (3)

Answer 18

1/ no contestation for political leadership at EU level

2/ no contestation of direction of policy agenda at EU level

3/ European elections seen as ‘second-order’ elections

Question 19

According to Hix & Follesdal, why is there no political leadership and direction of policy agenda at EU level? (3)

Answer 19

1/ national & EU elections not about direction of EU policy

2/ Council is insufficiently transparent

3/ key issue is the lack of institutional mechanism for competition over EU policy agenda

Question 20

Which solutions do Hix & Follesdal put forward? (3)

Answer 20

1/ establishment of institutional mechanism for politics in EU

2/ establishment of mechanism for electoral competition about policy agenda of EU

3/ e.g. tying election of EC President to EP elections (Spitzenkandidaten)

Question 21

What are the 2 different visions about democracy in the EU?

Answer 21

1/ intergovernmentalism => cooperation of States

2/ federalism => European State

Question 22

Characteristics of intergovernmentalism & democracy? (3)

Answer 22

1/ MS = main locus of democracy

2/ intergovernmental institutions in charge (e.g. European Council, Council)

3/ see Art. 48 TEU (‘MS are masters of the Treaty’)

Question 23

Characteristics of federalism & democracy? (3)

Answer 23

1/ replicate democracy at EU level

2/ supranational institutions in charge (e.g. EP)

3/ see strengthening of EP powers overtime

Question 24

What is main topic of Scharpf’s work regarding democracy at EU level?

Answer 24

Legitimacy in the multi-level European polity

Question 25

What does Scharpf distinguish btwn? (3)

Answer 25

1/ republicanism 2/ liberalism 3/ liberal democracies combine both

Question 26

Characteristics of republicanism? (4)

Answer 26

1/ collective decision-making 2/ majority decides 3/ public deliberation 4/ electoral accountability

Question 27

Characteristics of liberalism? (2)

Answer 27

1/ priority to the individual 2/ negative liberty

Question 28

What does Scharpf criticise about EU democracy? (5)

Answer 28

1/ EU too liberal rather than republican 2/ overriding importance is given to certain freedoms 3/ high consensus requirement of EU decision-making 4/ powerful Court that is difficult to correct politically (idem for ECB and EC) 5/ deregulatory effect of CJEU

Question 29

What solution does Scharpf suggest to counter democratic pb EU? (3)

Answer 29

1/ political override of CJEU judgments 2/ e.g. through majority vote by European Council 3/ this would protect MS democracies

Question 30

What is the common point btwn Hix-Follesdal and Scharpf?

Answer 30

All criticise limited room for politics in EU

Question 31

What do Follesdal & Hix mainly focus on? (3)

Answer 31

1/ electoral competition 2/ aim: creation democracy at EU level (more federalist) 3/ rather optimistic: EU identity and sphere as consequence of democratic competition

Question 32

What does Scharpf mainly focus on? (3)

Answer 32

1/ legal and institutional structure EU 2/ protection democratic autonomy MS (more intergovernmental) 3/ rather sceptical: no European people and public sphere => there cannot be a European democracy

Question 33

Main contributions of Brunner et al. judgment of GCC (1994)? (6)

Answer 33

1/ upholds Maastricht Treaty 2/ critical of EU democracy 3/ origins of no-demos thesis 4/ powers of EU must be limited 5/ democratic basis for EU integration lies with NPs 6/ GCC must review whether EU remains within its competences

Question 34

2 consequences of Brunner et al. judgment?

Answer 34

1/ limits to power transfers to EU 2/ ultra vires review

Question 35

Position of GCC regarding EU democracy in Lisbon ruling (2009)? (2)

Answer 35

1/ critical of EU democracy 2/ essential areas of decision-making should not be Europeanised

Question 36

What are problems in the EU since the euro-crisis (2010-present)? (3)

Answer 36

1/ expansion of EU powers to politically sensitive issues (budgetary implications) 2/ democratic concerns 3/ concerns about legality of measures

Question 37

3 key issues to be discussed in the tutorial?

Answer 37

1/ idea of democracy of GCC 2/ what obstacles for EU integration? 3/ should CCs decide on these issues?