After the Second World War, European co-operation began with the introduction of the Marshall Plan, with the objective of implementing a customs free trading zone as a way to help rebuild Europe in response to the aftermath of the war. The Treaty of Rome 1957 (TEC) established the European Economic Community (EEC), originally consisting of six member states, mainly from Western Europe. Now, in 2017, there are 28 member states and the EU has four main objectives which are known as the four freedoms. Free movement of people, capital, goods and services. The United Kingdom joined the European Union (EU) on January 1st 1973, resulting in European law becoming a source of UK law by virtue of the European Communities Act 1972.
Within the European Union, there are four main institutions that carry out various functions. One of the most important being the EU Commission which is made up of 28 commissioners; one from each member state and is headed by the Commission President. Candidacy for the president is put forward by national leaders in the European Council having taken into account the results of the European Parliament elections (European Union, 2017). This could emphasise the lack of democracy within the EU as the presidential candidate is not put forward by the electorate, but rather by politicians within the EU. However, the counter argument is that members of the European Parliament, who are voted for by the electorate, are those who vote for or against the Commission President, which some may consider as democratic.
The Commission is known as a supranational institution due to members seeking to achieve the best outcome for the EU as a whole, rather than for each individual country (Lawteacher.net, 2017). The EU Commission has a representative function, as well as, arguably, its most important function of policy making and initiator of EU law. The laws made ensure that the interests of the EU are protected as well as citizens of EU countries (European Union, 2017). Laws are proposed by the Commission itself, although laws and policies can occur in response to the European Council, the Council of the European Union, the European Parliament and from citizens themselves, provided there was a successful European Citizens’ Initiative (European Commission – European Commission, 2017). Allowing citizens to put forward proposals for new laws and policies contradicts the conception of a democratic deficit within the EU as this allows citizens to involve themselves in the law making process of the EU. The Commission is also responsible for ensuring that member state comply with EU law accordingly and in this sense, the Commission is referred to as the ‘guardian of the treaties’. If a country were to not fully incorporate a directive into its national law by the set deadline, or not apply the EU law in the agreed manner, the Commission will have to take necessary action in order to remedy the error and potentially start a formal infringement proceeding. However, if the issue is not resolved, the Commission may have to pass the case on to the European Court of Justice (European Commission – European Commission, 2017).
The Court of Justice (CJEU) is the judicial institution of the European Union that sits in Luxembourg. It is made up of two separate courts; The Court of Justice (ECJ) and The General Court. The main role of the CJEU is to ensure that EU law is observed by reviewing the legality of actions undertaken by member states of the EU as well as enforcing Treaty compliances by member states. During cases, the CJEU will interpret EU law in order to make a decision. The CJEU will clarify to national courts, the interpretation or validity of an EU law, if there is any doubt. The Court will also take cases against national governments if there is reason to believe said government is not complying with EU law. The Court also has the power to annul EU legal acts if an act is seen to contradict any EU treaties or fundamental rights (European Union, 2017). The European Convention of Human Rights (ECHR) is fundamental to the CJEU and many cases have been brought to the CJEU regarding ECHR, for example Prais v. Council (1976) (International Justice Resource Center, 2017). Crucially, the Council is responsible for sanctioning EU institution which has harmed the interest of any person or company. This is an important role as it highlights the checks and balances apparent within the EU and shows other institutions are held accountable for their actions.
The ECJ is made up of one judge from each EU country and 11 Advocates-General which are appointed by the governments of each member state. One could argue that there is, in fact, a democratic deficit as citizens do not vote for judges themselves. Again, however, those who do vote for the judges have themselves been elected by the electorate which could contradict this argument. It is also a requirement that both the Judges and Advocates-General are from the highest legal background in their country and have extreme independence as to reassure the public of no bias decision making.
The General Court consists of 47 judges, two from each member state, as well as a registrar. The judges are, again, appointed by the governments of the member states so therefore, the same above argument regarded a democratic deficit will apply.
The Council makes up half of the EU’s legislative branch, in conjunction with the European Parliament. One of the main powers of the Council is to legislate, sharing the role with the European Parliament. European laws are made under the ordinary legislative procedure which means that laws are made by both the Council and the Parliament. Some criteria, however, only allows the Parliament to give an opinion regarding whether or not the proposed legislation becomes law. Tax legislation is one of these areas (Citizensinformation.ie, 2017). The two legislative branches hold the power of the budget, with the Council having greater control over ingovernmental topics. In certain areas, the Council has the final say. These areas are agriculture and spending in regards to national agreements (Citizensinformation.ie, 2017).
An important role undertaken by the Council is that of developing the EU’s foreign and security policy. This has enabled the EU to act as a joint group in world affairs, giving the member states greater influence as opposed to all acting individually (European Union, 2017). Aims of the EU’s foreign and security policy is to preserve peace and strengthen international security, as well as developing democracy and enhancing human rights and the fundamental freedoms.
The way in which the Council votes differs depending on the circumstance. For certain areas, such as defence and taxation, it is necessary that the vote is made unanimously. In other instances, the Council will use quality majority voting (QMV) which allocates a certain number of votes to member states in accordance with their population size and was introduces by the Treaty of Lisbon in November 2014. This states that 55% member states, representing 65% of the population of the EU need to be in favour of legislation for it to be passed (En.euabc.com, 2017). Some may argue that QMV is democratic as at least 15 states are required to back up a decision, meaning that the decision is agreed upon by a clear majority. However, this voting system is beneficial to larger countries as they will have a greater number of votes allocated to them due to their larger population size. Germany and the United Kingdom, for example, have 29 votes each, whereas Malta only has 3 which can be seen as a cause of the perceived democratic deficit in the EU.
Working with the Council in some areas, is the European Parliament. The European Parliament has an important role in legislation, alongside with Council, under the ordinary legislative procedure. The European Parliament’s area of competence was expanded to 45 new legislative areas under the Lisbon Treaty. The Parliament gives an opinion on proposals given by the Commission and their position is submitted to the Council for approval. Assuming the Council approves any potential amendments made by the MEPs, the act can be written into law. Parliament also has veto rights thanks to the assent procedure, and consultation gives Parliament the opportunity to give its opinions (Parliament in action, 2017). Again, coinciding with the Council, the Parliament creates an annual budget based on a budget plan prepared by the Commission. Along with this, the Commission regularly submits reports to Parliament in order to ensure democratic control. The reports include EU activities and implementation of the budget. MEPs can question the Council, who are then required to answer these questions. These checks and balances strengthen democracy in the EU as actions can and will be questioned in order to keep the EU as transparent as possible.
This institution of the EU is made up of a directly elected body, with elections held every 5 years. 751 MEPs make up the European Parliament and are voted for by those who are permitted to vote in each member state (Adams, 2016). Each member state is given the freedom to choose its own electoral system and most states opt for part-list proportional representation. The allocation seats to each member state is allocated through degressive proportionality, which means that smaller states are granted more MEPs than is proportional to their population. This shows a high form of democracy within the EU as it allows each member state the ability to choose how their MEPs are elected as well as given a greater role to smaller states. The President is elected by MEPs for a term lasting two-and-a-half years and the role is to preside over debates and activities of Parliament. It is important to note that the President is elected, rather than appointed, as this factor enhances democracy, particularly considering that those voting for the President are voted for democratically themselves. The European Parliament is arguably the most democratic institution within the EU.