Draft Paper for the First Euroacademia Global Conference Europe Inside-Out: Europe and Europeaness Exposed to Plural Observers, Vienna, 22 – 24 September 2011
European
Union today stands on her continent as one of the most amazing human projects
of the world. At the same time Europe, as the
cradle of modern democracies has long been laid herself open to criticisms
about democratic deficit in this European Union. From the House of
Lords to the Bundestag, from Lok Sabha (India) to Knesset (Israel); Parliaments all around the
world with their all pride and glory represents houses of demos. The
most substantial criticism about the democracy in the European Union is related
to this fact; the weakness of European Parliament. However looking closely, it
might seem as though different dynamics of the European Union deserve a
different type of perception. This paper will consider the democracy in
European Union by analysing different points of view and solutions about the
Democratic Deficit in the European Union.
SECTION I: DEFINITION OF
CONCEPTS
A) DEMOCRACY
A well known definition of democracy is as simple as
the term’s simplest description: demos-kretain; people and rule. It is
not within the scope of the paper to make a deep analysis about democracy
however it should be beneficial for the process of the paper to illustrate at
least what we are looking for within the European Union. The question of how do
we define the “rule by people” from the outset depends on defining a relevant
criteria for the democracy. A simple definition of democracy in the modern
world rests on ruler-ruled correspondence.[1]
The main theme of this
paper is firstly built on this correspondence. One understandable definition in
this respect might be “Democracy is about government by information
exchange and consent, where organised publics have the means to
conduct a dialogue with government and thus hold it to account.”[2]
(Emphasize added) Thus democracy at the outset necessitates an existence of
a government, an organised public and a means of conduct. Although among the
complex vocabulary of the democracy this definition might be simple, as the
paper’s aim is to scrutinize the democracy from the European Union perspective,
application of more complex, ambiguous variants of democratic theory into a sui
generis structure inter alia leads to confusion and deviation from
the core of the discussion. Thus the base of the discussion on whether there is
a democratic deficit within the European Union is
whether there is a democracy within the European Union.
B) LEGITIMACY
From the outset the concept of legitimacy relies on [t]rust
in institutional arrangements[3]
which imaged itself as consent and in modern democracies dealt with the [t]he
manner in which this consent is secured.[4]
Scharph in definition of legitimacy spoke about two
sources of legitimacy, input legitimacy, as whether [g]overning processes
are generally responsive to the manifest preferences of the governed[5]
and output legitimacy, as whether [p]olicies adopted will generally
represent effective solutions to common problems of the governed.[6] Accordingly the former one represents government
by people and the latter one represents government for people. Legitimacy
at the European level, then, considers both consent and also the way how this
consent is given to the Governance of European Union.[7]
However democracy is one of the most important distinguishing elements of
legitimacy from all other legitimate forms of governments. Therefore in
analysing the legitimacy problem without considering democratic parameters an
independent study can not be constructed.
C) GOVERNANCE
In
defining governance, it is recognizable at the first point; the unit of
analysis is no more democratic government but the democratic governance. An
argument about the general definition is given by Rhode as [g]overnance
refers to ’self-organizing. Inter-organizational networks’ and … these
networks complement markets
and hierarchies as governing structures for authoritatively allocating
resources and exercising control and co-ordination.[8] Whatever the
definition and usage of the term governance, it is not in the same footing with
the term of government.[9] On
the other hand neither inter-governmental, nor statal
characteristics are attributable to the sui generis governmental
structure of the European Union,[10]
but preferably the European Union stands [a]s
a complex web of policy and political relationship linking European, national,
and subnational institutions.[11]
Within this complex web of policy and
political relationship, the European Union is usually defined as Multi-Level
Governance.[12]
Multi-level governance moreover refers to [c]onnected processes of
governance incorporating both public and private actors in contextually defined
forms of exchange and collaboration.[13]
Within the European Union level this definition is supported with the
existence of sub-national, national and supranational actors in the policy
making mechanism[14].
E) INPUT VERSUS OUTPUT: WHAT
IS DEMOCRATIC DEFICIT?
It
would be appropriate to explain what a deficit might be. The term ‘deficit’ may be represents the negative
difference between an input and output. It can be used in economics as an
analysis tool, for example regarding the budget deficit or trade deficit. Therefore,
from this perspective the inevitable emphasis is on the imbalance between the
notion of democracy at the national level and at the European Union level. Thus from the outset roles and functions of the
European Parliament is the ultimate source to determine such scope and from
this perspective it may be confidentially argued that there is already a ‘[g]ap
between the powers transferred from ‘more democratic’ national institutions to
‘less democratic’ European ones.’[15]
Another factor is that the problem is an institutional problem and the
institutions are scapegoats for the democratic deficit within the European
Union. Since as Craig and De Burca stressed; “Democracy cannot be measured or calibrated in the same way as a budget”[16], this
mere mathematical calculation is surely an illustrator, before drawing
attention to the discussion on the existence of a gap and proposed solution by
the academic literature on the subject matter. On the other hand the term of ‘deficit’ also might indicate that something
is not complete or more appropriately something less. Thus logically it
addresses the existence of democracy on the European level below the accepted
standards[17]
of classical democracy. That might mean that there is democracy but not enough
for the polity in question. From this point of view in order to talk about a
deficit one should clearly define the scope of that polity which democracy will
be fitted in. Actually the main debate in the academic literature in defining
democratic deficit stems from the difficulty in how and where to fit it. However at least a slight consensus is achieved
about the problem and is a structural one rather than merely institutional.[18] As Jörg Trenz Eder, pointed out [t]urn from functional to political spill-over
ultimately also implies the turn to democratic spill-over.[19] That is democracy can no longer be attributable to
the member states but EU level democracy is the ultimate element of EU
legitimacy. Thus within the complexly integrated multi-level governance of the European
Union, at the outset [i]ndirect democratic
control via national parliaments[20]
is not enough to create a controllable, legitimate European Union. Thus
democratic deficit can now be hardly thought just as this section at the
beginning tried to define – as a subtraction between inputs and outputs of
democratic controls within the EC level and national state level, but is
related to the structural design of European Union. So far as a signal for structural problem
about assessing democracy is perceived, now the question turns to whether if
the democracy will be adapted to the European Union, or if whether the European
Union will be adapted to the democracy. Both approaches doubtless have
different calculation for the scope of deficit. In regard to the former one, if
someone agrees that there is democratic deficit within the EU due to the
input-output differences, some institutional reforms might be sufficient to make the institutions more
accountable, representative and transparent to the citizens.[21]
However for the latter one a democratic deficit can only be narrowed by
satisfying its necessary conditions in the classic statal meaning of
democracy. Within this latter sense a so-called deficit is sought within an
ideal democracy in which `[m]inimum
binding majoritarian decision making at the European level’[22].
‘Where to fit democracy’ anxiety within the European Union is, nevertheless,
for both approaches at least one common unit of analysis; the Demos.
F) DEMOS
Everything
ultimately turns around demos. As Weiler
put forward; “the very language of modern democracy, its grammar, syntax and
vocabulary, revolve around the state, the nation and the people – the demos.[23]
(Emphasis not added) The focal point of discussion is where the demos of the
European Union stand in the horizon of the democracy. No demos thesis has
been constructed in a rigid rejection of democracy within the European Union
synonym to a nation-state democracy. Simply the thesis depends on as a
necessary condition of the democracy, the demos, it can not be created within
the multi-cultural, multi ethnic structure of the European Union.[24]
Moreover, the thesis defends that neither [l]ong
term relations with thickening economic and social intercourse[25],
can be enough to create a European demos.
As also Schmitter
& Karl pointed
out ‘All regimes have
rulers and a public realm, but only to the extent that they are democratic do
they have citizens.’[26] Within
this strictness, the Treaty of Amsterdam and treaties establishing the European
Communities declared the European citizenship[27]as
a base for constructing democracy. For Weiler, the introduction of citizenship was
problematic in the sense of creation of a European people since the integration
process had been about “‘lay[ing]
the foundations for an ever closer union among the peoples of Europe’. Not
the creation of ‘one people’ but a union of many.”[28]
However Weiler proceeds as “European citizenship should not be thought of
either as intended to create the type of emotional attachments associated with
nationality-based citizenship. The coupling of nationality and citizenship
opens the possibility, instead, of thinking of co-existing multiple demoi.”[29]
Thus within the context of Weiler’s demoi, European citizenship, in a
challenge to the no demos thesis, is the only source where the democracy might
be constructed.
SECTION
II: IS THERE ANY DEMOCRATIC DEFICIT WITHIN THE EUROPEAN UNION
“Any
attempt to strengthen the democratic dimension of the European Union is either
illusionary or likely to jeopardise the roots of democracy where they are at
their deepest and firmist- the nation state.”[30]
A) The worst case SCENARIO: Europe
as an ‘Iron Cage’ or not?
As
Antony Orum pointed out ‘Although the parliament, or congress, represents the
elected officials, the state bureaucracy, consisting of civil servants, remains
decisive because it actually carries out the law that is formulated by
political officials’[32](when the state established soon it
bureaucratises itself) Weber defines bureaucracies as goal oriented
rationally organized institutions in which [i]n
the place of the old-type ruler who is moved by sympathy, favor, grace, and
gratitude, modern culture requires for its sustaining external apparatus the
emotionally detached, and hence rigorously "professional" expert.”[33]
According to Weber this bureaucratization is inevitable and nothing can be
done to eliminate its effect on alienation of people.[34]
Thus the rationalization of bureaucratization by efficiency and calculability
would put individuals into an ‘Iron Cage
of the institutions of the modern world’[35].
Synonymously this scenario might be quite applicable to the notion of comitology
within ‘an elite-led consensus democracy.’[36]
The commission’s regulatory powers and committees’ technocratic decision making
capability[37]
(even restricted) further may support the Iron cage scenario for alienation of
the peoples of the Europe. Moravcsik, at this
point emphasized; EU regulatory powers is concentrated in those issues which
are not salient in the minds of European voters.[38]
The lack of saliency, most probably as Follesdal and Hix also argued, might be
as a [r]esult of lack of democratic arenas for contestation[39]
within this further thickened iron cage.
B)
EXECUTIVE DOMINANCE
Folllestal
and Hix called European integration as [a]n increase in executive powers and a
decrease in national parliamentary control.[40] Therefore
as they also argued classical control and balance mechanism provide by
parliaments are lacked.[41] One
of the most important impacts of inadequate parliamentary controls, doubtless is
on the accountability. Hence as in put forward in the first section of the
paper, in the end the desired correspondence between the ruler and ruled rests
on accountability. However for Moravcsik
“Constitutional checks and balances, indirect democratic control, via national
parliaments and the increasing powers of the European parliament are sufficient to ensure that EU
policy-making is, in nearly all cases, clean, transparent, effective and
politically responsive to demands of European citizens.”[42] In
regard to parliamentary control over the executive, Paul Craig maintains a more
realist attitude. Craig’s first expression is about world wide tendency in [i]ncreasing
executive power in most modern polities[43],
hence he adds “it is…by no means self-evident that the EP has less power
over the content of legislation than do national parliaments.”[44]
Furthermore Craig, at the second stage, approached the problem by assuming that
if the European Union never exists. Craig from this perspective finds; in the
absence of EU, there will still be international coordination, and most of the
regulatory powers will be subject to the international multilateral or
bilateral treaties where parliaments have little control and most of burden is
on executives.[45]
The lack of European elections in a way to determine [t]he make-up of the
government at the European level[46],
might be regarded as a sidestep of general acceptance of weakening of
parliamentary powers within the domestic sense as well as in approximating the
national level democratic controls with the European level democratic
controls.
MAJOR
DEFENCES OF THE DEMOCRATIC DEFICIT
A)
…AS A MATTER OF SALIENCE
Moravcsik’s
approach to the problem of the democratic deficit in the EU is constructed on
the argument of the Union should be perceived
as [a] division of labour, in which
commonly delegated functions are carried out by the EU.[47]
Essentially on what EU does. In
addition Moravscik further conceptualises the debate within the boundary of
delegated functions’ popularity.[48]
The argument’s very emphasis is on democratic deficit first of all might exist
in those areas where member states opted to delegate their powers to insulated
institutions of European Union, [i]n which many advanced industrial
democracies, including most Member States of EU, insulate themselves from
direct political contestation.[49]
In an attempt to illustrate the necessity of insulated institutions, she lists
three convincing arguments as; insulated institutions, those that carry out
insulated delegated functions, at first reduce the cost of decision making
through specialization, they prevent majority tyranny through minority
participation and moreover they provide unbiased
representation to the majorities in the means of immunity from the
distortion of particularistic
minorities without any vote anxiety.[50]
This, less democratic but more representative and efficient thesis continues
with an emphasis that EU regulatory powers are concentrated in those areas
where a great degree of specialization is necessary at the same time on those
issues not salient in the minds of European voters.[51]
B)
…AS A MATTER OF STANDARDS
The
standards issue is one of the crucial elements in the definition of democratic
deficit and in the attempts of measuring democratic deficit. So far as the
paper illustrates, as long as European democratic deficit is concerned,
democracy is free from its origin. We left behind first government, then demos
and turn to discuss the democracy of governance of multiple demoi.[52] Thus in determining standards not to
approximate the national level of institutions with the European level
institution but to recognize the multi-level standing of European Union and
rethink the legitimacy crisis and democratic deficit within this dimension, might
be the best way to measure the distance between the ruler and ruled. In
supporting this argument Majone sets four different types of standards of
legitimacy as; standards based on the analogy with national institutions;
Majoritarian standards; standards derived from democratic legitimacy of member
states and social standards.[53] The
first two types links member states and national parliaments with the European
Union, thus necessitates an approximation. The third one is an approach to the
legitimacy issues from the national parliament’s control over the Council and
thus has the same effect with the indirect legitimacy. Empowering the European
parliament and weakening the Council from this point of view can not be a
solution for the so-called legitimacy crisis. The famous No-Demos thesis’s
implication on this point is as follows; without appropriate demos of Europe,
while in one hand a powerful Parliament in such sense become despotic, hence
maybe has [s]lightly more legitimacy than
the writ of an emperor, on the other hand it reduces the [v]oice of member states...[thus] exacerbate the legitimacy problem of the
Community.[54]
That is ‘the real source of legitimacy,
namely national politicians and national parliaments’[55] should not be limited with elected
European Parliament. Majone’s very argument shaped within the fourth type of
legitimacy. By re-calling Scharph’s out-put legitimacy, Majone in the same
sense, sees European Union as a regulatory state[56]
and bases his argument on accountability on result[57]thesis.
The most important assertion in this thesis is that “efficiency-oriented policies
are basically legitimated by results.” Majone proceeds in a precise manner,
such in the competences delegated to the European Union level,
efficiency-oriented policies are subject to non-majoritarian sources legitimacy;
expertise, procedural rationality, transparency and accountability by result.[58]
Thus as Moravcsik, Majone also believe in the efficiency of insulated
institutions. As an illustration, what is being stated as being the fuel of
democracy is compromised however the efficiency only works with truth.
C)
…AS A MATTER OF BOUNDARY
“Even
if the Union were to replicate in its system
of governance the very same institutional set-up found in its constituent
states, there would be a diminution in the specific gravity, in the political
weight, in the level of control of each individual within redrawn political
boundaries.”[59]
Weiler called this effect as inverted regionalism as the European Union is
enlarging, rather than a de-centralization effect of regionalism from the
center, as opposite Community reach expands into those [a]reas previously thought
to be the preserve of the state or of the individual[60]
thus it centralized the power in Brussels.
This introduces another handicap; political boundaries of Europe.
The political boundary of the European Union, in this sense, is large enough to
create an obstacle for narrowing the gap between Demos and Kratein. As
Moravscik also argued; “An organization
of the continental scope will of course, appear rather distant from the
individual citizens.” [61]
MULTI-LEVEL
GOVERNANCE REVISITED; “no single
model of democracy”[62]
Weiler,
in parallel to the notion of multi-level governance within the European Union,
introduced three modes of governance by which each of them correspond to different
models of governance. Accordingly Intergovernmental governance of the European
Union which is directly concerned with the fundamental system rules overlaps
with the consociational form of democracy. Consociationalism, as an
indispensable model for cleavage theory, provides functionality and stability
in a fragmented Europe by providing consensual
politics.[63]
In regard to supranational modes of governance, Weiler suggests competitive
elitism.[64]Craig
at this point, convincingly argues that competitive elitism in the
supranational decision making which is concerned with a primary legislative
agenda is not suitable for the European Union.[65] Finally
on infra-nationalism Weiler offers neo-corporatist governance and democracy.
Infra-nationalist governance of the European Union mostly overlaps with the
concept of comitology and the technocratic face of the European Union. Weiler,
in this regard believes that infra-nationalism about [t]ransnational
interest groups, governance without governance, empowerment beyond
nationalities,[66]
from this point of view [n]eo-corporatisim does not replace the parliament
and other institutions….but simply side-steps them in reaching public choice of
the polity.[67]
Thus within those issue areas where
there is effective functioning of comitology, neo-corporatist model provides
reaching decisions be excluding the parliamentary controls. Weiler in regard to
the neo-corporatist model however accepts some problems are due to the lack of
transparency and absence of representatives in the means of limited
participation and excluding some public voices.[68]
NEW FORMS OF GOVERNANCE AND WIDENING
CITIZEN PARTICIPATION
Whatever the
theoretical debates about the democracy within the EU, there has been one focal
point on the recognition of problems with the EU’s democratic legitimacy; [t]he
Union is often seen as remote and at the same
time too intrusive.[69]
The Commissions white paper on the new governance of EU at this point,
illustrated the need to deviate from the classical community method on the
governance of EU to bridge the gap between peoples of the European Union and
its institutions. To reach the aim of an open, accountable, participative,
effective and coherent Good governance; the Commission’s ‘better use
of power’[70]
strategy involved introduction of wide range of tools from social dialogue to
open method of coordination, from involvement of civil society, to most often
use of secondary legislations (framework directives) from simplifying community
law to achieve more flexibility at the national level. New governance is defined by Scott
and Trubek as; departures within the “classic” Community Method (NOG) and
alternatives to that Method.[71]
Accordingly in defining new governance of the EU they
abstract two distinct categories of deviation from what is defined as old
governance, accordingly first departure is from the Classical Community Method
(what they label as New Old Governance “NOG”) and the second category is
alternatives to the Classical Community method.[72] First
category includes development of flexibility phenomenon in the legislation
process via [i]ncreasing recourse to directives[73]
and non-binding soft laws; variation from the comitology by [i]ntroduction of
implementation committees into the decision-making process; and involvement of
range of actors in the legislation process, with a considerable emphasis on ‘civil
dialogue’.[74]
On the other in the second category, Scott and Trubek,
lists four main alternatives[75]
to the Classic Community Method. Inter alia, social dialogue and an
open method of co-ordination are both represent most radical
alternatives and which both carry essential potential for the solution of democratic
deficit literature. Both of these new governance tools are in their designs
possess inclusive elements. They are surely important innovation in the means
of widening citizen participation within the European Union. OMC in the white
paper defined as [a] way of encouraging co-operation, the
exchange of best practice and agreeing common targets and guidelines for Member
States, sometimes backed up by national action plans as in the case of
employment and social exclusion.[76] The Lisbon
strategy of the European Council on [s]trengthen employment, economic reform
and social cohesion as part of a knowledge-based economy[77],
represented OMCs as a shining tool [w]hich is designed to help Member States
to progressively develop their own policies.[78]
Within its terminology OMC embodies active inclusion of regional and local
level actors as well as social partners and civil society. Moreover its
structure is based on peer review, periodic monitoring, and social learning. All
these features, at the outset, represent the democratic potential of the Open
Method of Coordination. Beside these optimistic beliefs about the democratic
nature of the OMC, there are, also, sceptical approaches about democratization
through OMC and about its satisfactory usefulness. For Moravcsik; “[T]here is
some sketchy evidence that governments may have used the information exchange
to help plan social reforms, but no solid evidence either of any impact on or
policy learning with regard to substantive policy."[79]
Moreover Athur Benz even defends that [O]MC is far from meeting the criteria of participatory or deliberative democracy.[80] Benz argues [i]n deliberation the share of responsibility of
individual actors in producing outcomes can not be determined,[81]
in this regard it can not be accountable. [82]
Social dialogue with its civil elements represents another shining tool
for the democracy within the European Union. A special meaning of Civil Society
within the Social dialogue, in the means
of [d]elegating law making authority to representatives of the
parties to be affected by these laws,[83]
for Joanne Scott, David M
Trubek, [s]eems to solve some of the democratic deficit problems in the
area it covers by essentially.[84]
CONCLUSION
It
would be unjust to call the European Union an undemocratic entity. It would be
also inappropriate to apply classical democratic theory within the European
Union terms. As the paper illustrated, at this point no demos thesis
provides a substantial ground for the searching democracy within different
criteria rather than state centric classical democratic criteria. The main
theme of the paper focused on two main drawbacks of the European political
integration, Comitology and Executive Dominance. These two features of European
Union act against normally what we are familiar with the democratic elements:
representativeness, participation, competition for government, accountability
and transparency. Efficiency on the
other hand constitutes the most important figure of the out-put oriented
legitimacy within the European Union. Since indirect legitimacy for almost all
intergovernmental organisations is a legitimizing function, as discussed in the
paper, should not be given main importance in regards to the European Union. However
rather then these abstract, collectivist considerations and by considering all
the realities of the European Union, democratic deficit in the Union should be
considered in an individual basis and from the perspectives of parties to be
affected by the democratic deficit. In this regard new governance
initiatives and attempts at the civilianization of political decision making,
at least, illustrates that political spill-over has a democratic spill-over
effect [85]and
represents a very large potential for the progressive democratization of the
European Union.
BIBLIOGRAPHY
- Fritz W. Scharpf, Problem Solving Effectiveness and Democratic Accountability in the EU, Institute for Advanced Studies, Vienna (February 2006) p. 1
- Hirst, P. ( 2000). “Democracy and governance” in Kees Van Kersbergen, Frans Van Waarden 'Governance' as a bridge between disciplines: Cross-disciplinary inspiration regarding shifts in governance and problems of governability, accountability and legitimacy’ European Journal of Political Research 43 (2) (2004) p.145
- Paul Craig and Gràinne de Bùrca The evolution of EU law ( Oxford : Oxford University Press, 1999)
- Weiler, Joseph, “ The constitution of Europe : "Do The New Clothes Have an Emperor?" and Other Essays on European Integration (Cambridge : Cambridge University Press, 1999.)
- Allan Rosas and Esko Antola, A citizens' Europe : in Search of a New Order, (London : SAGE Publications, 1995.)
- Thomas Banchoff and Mitchell P. Smith “Legitimacy and the European Union : the contested polity “ (London : Routledge, 1999.)
- Dahl, R., On democracy, (New Haven ; London : Yale University Press, 2000)
- John D. Lewis, The Elements of Democracy, The American Political Science Review, Vol. 34, No. 3 (Jun., 1940), pp. 467-480
- Lord, Christopher. Democracy in the European Union (Sheffield : Sheffield Academic Press, 1998.)
- Andreas Follesdal, and Simon Hix, Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik, JCMS, 44 (3) (2006) pp. 533–562
- Hans-Jörg Trenz and Klaus Eder,The Democratizing Dynamics of a European Public Sphere Towards a Theory of Democratic Functionalism, E.J.S.T. 7(1) (2004) 5–25
- Guy Peters and Jon Pierre, "Multiple-Level Governance: A View From the Garbage Can",European Policy and Research Unit (MPP 1/2002) [online] available: <http://www.socialsciences.manchester.ac.uk/disciplines/politics/publications/workingpapers/documents/manchester_working_papers/MPP1.pdf.> accessed on 10 may 2008
- Andrew Moravcsik Reassessing Legitimacy in the European Union, JCMS 40 (4),(2002) 603–624
- Giandomenico Majone, Europe's 'Democratic Deficit': The Question of Standards. E.L.J, 4(1) (1998) pp.5-28
- Joanne Scott, David M Trubek Mind the Gap: Law and New Approaches to
Governance in the European Union, E.L.J. 8 (1) (2002)
- Moravcsik, A. ‘The European Constitutional Compromise and the Legacy of
Neo-functionalism’. Journal of European Public Policy 12 (2005) 349–386
- Benz, Arthur, "Accountable Multilevel Governance by the Open Method of Coordination?" . E. L.J. , 13 (4) (2007) pp. 505-522
- Haltern, Meyer and Weiler, ‘European Democracy and its Critique’ West European Politics, 18 (4) (1995)
- Svein S. Andersen and Kjell A. Eliassen, The European Union, how democratic is it? (London : Sage, 1996)
- Mancini F, Constitutionalism and democracy in the European Union : collected essays, (Oxford : Hart, 2000)
- Schmitter, P. Karl T, What Democracy Is. . . and Is Not, Journal of Democracy ,2 (3), Summer (1991), pp. 75-88
- R. A. W.Rhode, The New Governance: Governing without Government, Political Studies 44 (4) (1996)
[1]
See Dahl’s criteria for Democratic process. Dahl, R, On democracy,
(New Haven ; London : Yale University
Press, 2000) p3.37-38 i)Effective
participation, ii)Voting Equally,iii) Enlightened Agenda, iV)Inclusion of Adults
[2]
Hirst, P. ( 2000). “Democracy and governance” in Kees Van
Kersbergen, Frans Van Waarden 'Governance' as a bridge between disciplines:
Cross-disciplinary inspiration regarding shifts in governance and problems of
governability, accountability and legitimacy’ European Journal of Political
Research 43 (2) (2004) p.145
[3] Fritz W.
Scharpf, Problem Solving Effectiveness and Democratic Accountability in the EU,
Institute for Advanced Studies, Vienna
(February 2006) p. 1
[4] John
Lewis John D. Lewis, The Elements of Democracy, The American Political Science
Review, Vol. 34, No. 3 (Jun., 1940), p 467
[5] Scharpf,
supra note 3 at. 1
[6] Ibid.
at. 1
[7] Thomas Banchoff and Mitchell P. Smith“Legitimacy
and the European Union : the contested polity” (London : Routledge, 1999.) p.4
[8] R. A. W.Rhode, The New Governance: Governing without Government, Political Studies 44 (4) (1996). p.652
[10]
Weiler, Joseph, “The constitution of Europe
: "Do The New Clothes Have an Emperor?" and Other Essays on
European Integration (Cambridge : Cambridge University
Press, 1999.)p.270
[11] Thomas Banchoff and Mitchell P. Smith“Legitimacy
and the European Union : the contested polity” (London : Routledge, 1999.) p.12
[12] Paul
Craig and Gràinne, The evolution of EU law, ( Oxford : Oxford
University Press, 1999) p.16
[13]
Guy Peters and Jon Pierre, "Multiple-Level
Governance: A View From the Garbage Can",European Policy and Research Unit (MPP 1/2002) [online]
available:
<http://www.socialsciences.manchester.ac.uk/disciplines/politics/publications/workingpapers/documents/manchester_working_papers/MPP1.pdf.>
(accessed on 10 May 2008)
[14] Paul Craig, supra note 12, at. 16
[15] Lord, Christopher. Democracy
in the European Union (Sheffield
: Sheffield Academic Press, 1998.) p.14
[16] Paul Craig, supra note 12, at. 24
[17] See for
a non-exhaustive list of commonly accepted criteria, Andreas Follesdal, and Simon Hix, Why There is a
Democratic Deficit in the EU: A Response to Majone and Moravcsik , JCMS, 44 (3) (2006) p.547
[18] Allan
Rosas and Esko Antola, A citizens' Europe
: in Search of a New Order (London : SAGE Publications, 1995)
p.31
[19]
Hans-Jörg Trenz and Klaus Eder,The Democratizing Dynamics of a European Public
Sphere Towards a Theory of Democratic Functionalism, E.J.S.T. 7(1) (2004) p..12
[20] Andrew
Moravcsik Reassessing Legitimacy in the European Union, JCMS 40 (4),(2002)
p.605
[21] See
Andrew Moravcsik Reassessing Legitimacy in the European Union, JCMS 40
(4),(2002) p.605
[22] Haltern,
Meyer and Weiler, ‘European Democracy and its Critique’ West European Politics,
18 (4) (1995) p.8
[23] Weiler,
supra note 10, at.268
[24] Haltern,
Meyer and Weiler, Supra Note 24 at. 7 This is because ‘Neither the subjective
element (the sense of shared collective identity and loyalty) nor the objective
conditions which could produce these ( the kind of homogeneity of the
ethno-national conditions on which peoplehood depend) exists.’
[25] Haltern,
Meyer and Weiler, Supra Note 24 at. 7
[26] Schmitter, P. Karl T, What Democracy Is. . . and
Is Not, Journal of Democracy ,2 (3), Summer (1991),p.77
[27]
Article 17 of the Treaty Establishing the European Community ; “Citizenship of
the Union is hereby established. Every person
holding the nationality of a Member State shall be a citizen of the Union.
Citizenship of the Union shall complement and
not replace national citizenship.”
[28] Haltern,
Meyer and Weiler, Supra Note 24 at. 13
[29] Haltern,
Meyer and Weiler, Supra Note 24 at. 32
[30] Mancini F, Constitutionalism and
democracy in the European Union: collected essays, (Oxford : Hart, 2000) p.55
[31]
Coser, Lewis A. Masters of Sociological
Thought: Ideas in Historical and Social Context 2nd Ed. Fort Worth, Texas:
Harcourt Brace Jovanovich, 1977. p.231
[32] Orum,
Anthony M. Introduction to Political Sociology, 4th Ed. ,New Jersey: Upper Saddle
River, 2001.p.42
[33] Coser,
Supra note 32, at. 231
[36] Lord,
Christopher. Supra Note 14, at.129
[37] Paul
Craig, supra note 12, at. 24, Craig refers this element of democratic deficit
as “bypassing democracy” through comitology
[38] Andrew
Moravcsik ,Supra Note 21, at. 606
[39] Andreas
Follestal Simon Hix, supra note 18, at. 16
[40] Ibid. 4
[41]
Ibid. 4
[42] Andrew
Moravcsik, Supra Note 21, at.605
[43] Paul
Craig, supra note 12, at. 25
[44] Ibid.
at. 25, Craig further comments about the strength of parliament within the
context of co-decision procedure.
[45] Paul Craig, supra note 12, at. 25-26
[46] Andreas
Follestal Simon Hix , supra note 12, at. 6
[47] Andrew
Moravcsik, Supra Note 21, at. 606
[48] Ibid. p.
606
[49] Ibid. p.
613
[50] Ibid. p.
614
[51] Ibid. p.
606
[52] Weiler,
supra note 10, at.344
[53]
Giandomenico Majone, Europe's
'Democratic Deficit': The Question of Standards. E.L.J, 4(1) (1998) p.6
[54] Haltern,
Meyer and Weiler, Supra Note 24 at. 13
[55]
Svein S. Andersen and Kjell A. Eliassen, The European Union, how democratic is
it? (London : Sage, 1996) p.62
[56] Giandomenico Majone, Supra Note 54, at. 5
[57] Ibid.
at. 28
[58]
Ibid.at.28
[59] Weiler,
supra note 10, at.264
[60] Ibid.
at. 265
[61] Andrew
Moravcsik, Supra Note 21, at.604
[62] Paul
Craig, supra note 12, at. 29
[63] Ibid. at
30
[64] Weiler,
supra note 10, at 283 “Or aspirationally at least, with the reference to a
statal, federal version of pluralistic society.”
[65] Paul Craig, supra note 12, at. 32-42
[66] Weiler,
supra note 10, at 224
[67] Ibid.
at.223
[68] Ibid.at.
284
[71] Joanne Scott, David M Trubek, Mind the Gap: Law and New
Approaches to Governance in the European Union, E.L.J. 8 (1) (2002) p.5
[72] Ibid p.2
[73] Ibid p.3
[74] Ibid p.3
[75]
Ibid.3-5 Those
alternatives are namely; wide range of partnership and autonomy in the
communities responsible for structural funding; environmental policy
integration; Social dialogue and Open Method of Coordination.
[77] European
Council, Lisbon
Conclusions, B.E.U, 3-2000
[78] European
Council, Lisbon Conclusions, B.E.U, 3-2000
point 38
Neo-functionalism’. Journal of European Public Policy 12 (2005) p. 366
[80] Benz, Arthur, "Accountable
Multilevel Governance by the Open Method of Coordination?”. E. L.J. , 13 (4)
(2007) p. 515
[84] Ibid.
p.8
0 comments:
Yorum Gönder