In this paper I will explore the perceived lack of democratic legitimacy by assessing the missing connection between parliamentary election and democratic representation at the EU level.
Arguably, democratic legitimacy is relative a concept: political decision-making or constitutional/institutional configurations might be democratically legitimate to one citizen but not another. In this, the separation of powers has provided a very useful prism for citizens to understand legal and political decision-making processes. Actions by governments, parliaments, courts and the bureaucracy are key focal points in our democratic lives. These institutions are, however, only considered to be democratically legitimate if we feel that our interests are adequately represented. This is where the EU falls short.
I am putting forward the argument that this a key reasons why it has proven so difficult to remedy the lack of democratic legitimacy at the EU level, for citizens’ democratic expectations are shaped by national democratic experiences. The lack of a government, dependent on electoral outcome and continuous parliamentary confidence lies at the root of the EU’s alleged democratic deficit. Yet, the Union’s sui generis nature and its resulting institutional structure do not allow for such a nation state-specific link between the executive and legislature. In fact, from an academic point of view citizens, member state governments and the Union’s are all appropriately represented at the EU level.
This paper will start by assessing the different representative functions of the Union’s institutions. I will argue that due to the fact that the EU lacks a government that is dependent on voters’ support during parliamentary elections, democratic legitimacy can only be increased if citizens’ representation at the EU level is improved. This, however, is not possible through more – or different – powers attributed to the European Parliament, as recent history has shown. Instead, I am putting forward the argument that democratic legitimacy at the EU level is best improved through a reform of the Council. The highly indirect representation of the citizens in this institution – at best through national ministers but mostly through civil servants – leads to a significant legitimacy gap. Improving representation of citizens’ interest in the Council whilst maintaining its underlying intergovernmental character through a reform of the Council might be a suitable answer to its continuous, perceived democratic shortcomings.
