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Flashcards in EU Law - Democratic Deficit Deck (121):
1

Article 225 TFEU

P can request Com submit legislative proposal

2

How did the Lisbon Treaty try to recognise EU level prerogatives to NPs?

Articles 6 - 7 Protocol on the Application of the Principles of Subsidiarity and Proportionality

3

Who argued EU policy is skewed towards interests of owners of capital?

Streeck and Schmitter

4

What academics argue it is wrong to compare EU to nation states?

Menon and Wetherill

5

Who argued EU only performs Pareto-efficient functions rather than redistributive functions?

Majone

6

What is the EU citizens' initiative?

If more than 1 mil citizens from 7+ Members ask Com to propose a law, Com must consider

7

Three broad examples of institutional reforms

Increase EU P powers, OLP and recognise EU level prerogatives to NPs

8

Kobler

Lower court found higher court misapplied law, leading to SL

9

What is 'thick-thin' democracy?

Vertical AND horizontal dialogue, between reps and public, reps and reps, and public and public

10

What shows executive dominance in EU is a choice by Members?

Danish EU Affairs Committee decide with Minister beforehand how far he can go - other countries could do this too

11

Who argued any electorally unaccountable institutions in EU are both that way by DESIGN and not unique to EU?

Moravscik

12

In what way is there executive dominance in EU?

Governance skewed towards Com, CoM and EU Council

13

Why did Moravscik believe there is no disillusionment of voters?

Most salient issues are still MS competencies, so it's just that 'EU politics... is boring'

14

What academic found lower courts were most keen on applying EU law?

Alter

15

What Articles try to clarify CoM and EU P prerogatives and powers in terms of comitology system?

Articles 290 - 291 TFEU

16

What Treaty tried to adjust Plaumann decision?

Lisbon

17

What is the comitology system?

CoM (and now EP) oversee executive activities of Com, including legislative implementation

18

Why does Moravscik believe the social democratic critique of EU is a myth?

NP and G control CoM, meaning only political extremes are excluded as parties come to a centrist agreement - policies match with EU 'median' voter

19

How is EU law arguably largely implemented?

By technocratic bodies under the Comitology system

20

What decision showed General Court re-adopting Plaumann test?

Inuit Tapiriit

21

Inuit Tapiriit

General Court readopted Plaumann

22

Tries to assist private litigants seeking JR of non-implementing EU regulatory acts

Article 263(4) TFEU

23

Why is it possible Members WANT EU to be unresponsive to democratic pressures

To maintain their power over EU as democratically legit ones

24

What is the social democratic critique of EU?

EU produces neoliberal policies, which do not match with voter preferences

25

Follesdal and Hix

EU is unresponsive to democratic pressures

26

Menon and Wetherill on redressing the democratic deficit

Shouldn't become nation-state democracy because would imperil Member democracy

27

Why did Moravscik believe forcing public participation in EU could be damaging?

Seen as 'democratising' Europe, creating Euroskeptical demagogy

28

Who called EU elections 'second order'?

Reif and Schmitt

29

Three procedural reforms at EU level

Law making procedure, comitology system and judicial accountability

30

Article 17(7) TEU

EU council should propose President of Com by QMV, taking into account elections to EU P

31

Bellamy and Castiglione suggestion

strengthen EU through NP, with 'thick-thin' form of representative democracy, based on civility

32

What do Bellamy and Castiglione think would be the outcome of their reform ideas?

Creation of a demos through which citizens could promote their failures

33

What does Article 17(8) TEU allow?

Motions of censure - EU P can fire Com by 2/3 majority

34

Article 263(4) TFEU

Tries to assist private litigants seeking JR of non-implementing EU regulatory acts

35

How many parts are there to the democratic deficit?

7

36

Who suggests greater professionalism, rules to protect minorities and better scrutiny by private actors?

Majone

37

How do EU P benefit from QMV expansion?

If CoM legislation requires QMV, P can make targeted amendments to get a majority (but not a unanimity)

38

What is the Passarel procedure?

Council, by unanimity, can move an area from EU P only being consulted to EU P having a veto

39

Who found EU legitimacy rests primarily on Members, to which EU ministers are accountable?

Moravscik

40

EU social Partners can adopt Framework Agreements in social sphere, then incorporated in EU Directives

Article 155 TFEU

41

EU citizens' initiative

Article 11(4) TEU

42

Academics on unresponsive to democratic pressures

Follesdal and Hix

43

Article 17(8) TEU

Com as a body is responsible to the EU P

44

Positive of Article 11(4) TEU

Gives independent political identity to citizens

45

In what Article of what Treaty is the ordinary legislative procedure?

Article 294 TFEU

46

What Treaty removed the ability of CoM to vote in secret?

lisbon

47

What academics suggest EU level contestation for EU political leadership (including directly elected Com President) and argument over direction of policy agenda?

Follesdal and Hix

48

Why is it said EU is unresponsive to democratic pressures?

No ONE EU election

49

What case showed change in status of EU P by being directly elected?

ISO Glucose Case

50

Two Articles trying to increase judicial accountability

Article 263(4) TFEU and Article 6(2) TEU

51

Article 6(2) TEU

Accede to ECHR, trying to increase judicial accountability

52

Article 155 TFEU

EU social Partners can adopt Framework Agreements in social sphere, then incorporated in EU Directives

53

Who argues EU is just having a 'credibility crisis'?

Majone

54

Who argued EU is a 'multi-governance' system, so preferences are known over time?

Marks

55

Since what Treaty has the codecision procedure been the ordinary legislative procedure?

Maastricht

56

What is civicity?

Citizens regarding themselves as people with both common AND distinct interests

57

What does Majone think the EU would do if politicised?

Move away from Pareto-efficiency towards compensating losers rather than just correcting market failures

58

Why did Moravscik believe EU P being weak is a myth?

Increase in powers over time (e.g. veto power and codecision procedure)

59

Why did Moravscik believe EU not a technocracy?

Lacks capacity of modern state, and stringent checks on 'every day' legislation

60

What kind of democracy do Bellamy and Castiglione think exists at EU level?

Thick, based on solidarity

61

Who argues Member democracy would be imperilled if we were to follow Follesdal and Hix's suggestions, and why?

Menon and Wetherill, because EU would then have own independent democratic mandate, superseding members

62

What is an argument against distance at EU level being part of democratic deficit?

Allows Members to pool sovereignty to make more of an impact

63

Name at least four parts of democratic deficit

Unresponsiveness to democratic pressures, executive/technocratic dominance, distance, lack of transparency and complex, weakening of judiciary and imbalance between Capital and Labour

64

What Treaty introduced Article 17(7) TEU on President of Com?

Lisbon

65

Example of EU Social Partner adopting Framework Agreement, then incorporated in EU Directive

Directive 2010/18 on parental leave

66

Why is domestic judicial control perhaps strengthened?

Lower courts have more power

67

Plaumann decision

Narrow test for individuals to challenge EU law - closed category affected more than anyone else

68

What is the main argument against democratic deficit of EU?

The issues are not specific to the EU

69

What kind of democracy do Bellamy and Castiglione think exists at national level?

Thin, based on singularity

70

What has the interpretation of Article 17(7) TEU been?

That biggest party in EU P will nominate President of Com

71

Why did Moravscik believe executive dominance a myth?

National Gs are directly accountable (CoM) and media scrutinise

72

How is substantive reform trying to be achieved?

Reinforce EU Treaty by references to democratic and social values

73

Who argued EU is responsive to democratic pressures?

Moravscik

74

Who highlighted party politics has becomes increasingly professionalised?

Peter Mair

75

Why did Moravscik believe negative referendums do not show dislike of EU?

More of a sign of ignorance/small politics in nation-state

76

Who argued the absence of a European 'demos' prevents creation of a European 'democracy'?

Moravscik

77

Two changes in law making procedures

ordinary legislative procedure and ending Com agenda setting

78

When was there an issue with EU P needing to accept or reject Com as a block?

Rocco Buttiglione, chosen by Berlusconi

79

When were the EU P directly elected for the first time?

1979

80

6 myths Moravscik rebuts post-Follesdal and Hix

EU is a superstate, a technocracy, electorally unaccountable, disliked in negative referendums, lacks public participation and disillusions voters

81

Marks on redressing the democratic deficit

There is no supranational state (e.g. agree with Moravscik) bc multi-level governance w/ preference over time

82

Follesdal and Hix suggestions

EU level contestation for EU political leadership (including directly elected Com President) and argument over direction of policy agenda

83

What case shows a lower court can seek compatibility of a higher court decision??

Simmenthal

84

Article 241 TFEU

Council can request Com submit legislative proposal

85

Through what Article did Lisbon try to adjust Plaumann?

Article 263(4) TFEU

86

What politician highlighted how political power is dispersed throughout the EU?

Kissinger

87

What is QMV?

Need 55% of State to agree, representing 65% of the population

88

ISO Glucose Case

Law annulled as Council did not wait for P opinion

89

What meant General Court interpreted Article 263(4) TFEU to be the same as Plaumann?

Ambiguous language

90

Why did Moravscik believe EU not a superstate

Only deals with 10 - 20% of national decision-making

91

What academics suggest strengthening EU through NP, with 'thick-thin' form of representative democracy, based on civility?

Bellamy and Castiglione

92

What gave EU P a role in comitology system?

1999 and 2006 Revisions

93

What are other legislative procedures, e.g. consultation, now?

'Special' procedures

94

Since what Treaty have the EU P had to approve Com and Com president?

Nice

95

Who showed how Eurlex found Com issues 69% of all secondary legislation in force today?

Blom-Hansen

96

How have there been increased EU P powers?

Directly elected (not in Treaty of Rome); QMV expansion to have more power over CoM; co-decision procedure with veto

97

Three institutional reforms at EU level

Increasing EU P powers, ordinary legislative procedure and recognising EU level prerogatives to NP

98

How do Follesdal and Hix critique Majone?

Not clear regulatory policies DON'T produce winners/losers, and many policies ARE redistributive, so need democratic contestation

99

Who argued EU is an arena for neoliberal policy drift from (national) voters?

Follesdal and Hix

100

What does an 'orange card' mean?

Council or EU P can vote down given measure for breaching subsidiarity

101

What Treaty introduced Articles 290 and 291 TFEU?

Lisbon

102

When was the comitology system created and by what?

1987, 1st Comitology Decision 85/272

103

How do Follesdal and Hix critique Moravscik?

Should be mechanism to ENSURE voter preference matches EU policy, and need debate to ensure citizens make fully-informed decisions

104

Why is it debatable if references to various values actually help EU democracy?

Unelected judges force particular policy outcomes, and EU citizens already have a variety of documents protecting their rights

105

What is the ordinary legislative procedure under Article 294 TFEU matched with?

Article 238 TFEU QMV

106

Article 12 TEU

Outlines prerogatives and roles of NPs

107

Why did Moravscik believe eu IS NOT electorally unaccountable?

EU P directly elected, major constitutional change dependent on unanimity AND domestic ratification

108

Who suggests there is a lack of cooperation through multiple demoi at EU level?

Bellamy and Castiglione

109

What measure is an example of use of orange card procedure?

Monti II Draft Regulation

110

How is there institutional distance between national citizens and EU?

Electoral control over Council and Com too remote

111

Who argued the DD was a myth?

Moravscik

112

Who said that a state without means of change is a state without means of preserving itself?

Burke

113

How is there psychological distance between national citizens and EU?

Citizens find EU hard to identify with as so unlike national democratic institutions

114

Factortame

Court to disapply national law despite PS

115

Why is domestic judicial control over EU weakned?

Because of the principle of supremacy, and courts must obey CJEU rulings

116

What politician described democracy as the worst system?

Churchill

117

If measure is covered by codecision, what meeting is there prior to the measure being considered?

Between CoM, Com and Chair of relevant EU P committee to decide how to change proposed law

118

Article 11(4) TEU

EU citizens' initiative

119

Three broad examples of procedural reforms

Law-making procedures, cosmetology and judicial accountability

120

Articles 6 - 7 Protocol on the Application of the Principles of Subsidiarity and Proportionality

Yellow-card and orange-card system - yellow card 1/3 of NPs, orange if majority

121

What does the codecision procedure mean?

EU P is now a xo-legislator, with a veto power against the Council

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