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"European constitutional settlement", an ever-closer union, and the Treaty of Lisbon: democracy or relevance? / Jukka Snell

European Law Review, Volume: 33, Issue: 5, Pages: 619 - 642

Swansea University Author: Jukka Snell

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Abstract

<p>This article investigates and challenges the claims of Majone and Moravcsik that the European Union does not suffer from a democratic deficit due to its powers being limited to efficiency-oriented or  non-salient matters. It is argued that the extent, the exercise, and the impact of EU powe...

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Published in: European Law Review
ISSN: 0307-5400
Published: (2008) 33 European Law Review 2008
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa5073
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Abstract: <p>This article investigates and challenges the claims of Majone and Moravcsik that the European Union does not suffer from a democratic deficit due to its powers being limited to efficiency-oriented or  non-salient matters. It is argued that the extent, the exercise, and the impact of EU powers have expanded dramatically, in line with the objective of establishing an ever-closer union. This dynamic is again evident in the Lisbon Treaty, which largely brings an end to the special status of justice and home affairs policies and renders the Charter of Fundamental Rights binding. It is also argued that the European Court of Justice has failed to curtail significantly the expansion of EU activities and that the new subsidiarity mechanism in the Lisbon Treaty may not prove effective in practice. Further, it is pointed out that there are pressures to create a deeper economic union, environmental union, freedom, security and justice union, and human rights union. If the European Union acts on these pressures, it can be criticised on democratic grounds. If it fails to act, it can be characterised as unresponsive and irrelevant.</p>
College: Hillary Rodham Clinton School of Law
Issue: 5
Start Page: 619
End Page: 642