Key topic: Multi-level governance

DO NOWStudy the chart. What does the chart show? How can we explain what is happening? What does this suggest about the democratic legitimacy of the European Union?

Learning objectives• To consolidate our understanding of how governance

works at multiple levels• To explain the controversy surrounding the

‘democratic deficit’ in the EU• To relate these to other key topics studied to-date

Key concepts and required readingDates Topic Key concepts Required reading

May 1—8

Multi-level government

• The composition and main powers of the key EU institutions: the European Parliament, the European Council and Council of Ministers, the European Commission.

• Where does power lie? Is there a ‘democratic deficit’ in the EU?

• ‘Parliament: What does it do and how effectively does it do it?' Politics Review November 2013

• ‘The House of Commons: A rejuvenated institution?' Politics Review November 2014

• ‘The Coalition in Parliament’ B. Yong in Hazell and Yong The Politics of Coalition (2015)

• McNaughton & Magee UK Government & Politics Annual Update – 2015 (2015), Ch.4

• Heywood, Essentials of UK Politics (2011) Ch.7 ‘Parliament‘

• Watts, British Government & Politics (2012) Ch.3. 'The legislature‘

• Grant, The UK Parliament (2009) Ch.1 & Conclusion

• Deacon, Devolution in the United Kingdom (2012) Ch.1, 2 & 12

Why does the EU matter?

1) The EU possesses significant legislative authority which can, in some cases, take precedence over UK law

2) EU membership has, arguably, contributed to a shift of power towards the executive within the UK

3) The EU is the UK’s largest trading partner; EU membership allows UK companies preferential access to EU markets

4) The EU is the largest source of net migration both to and from the UK; EU membership means there are very few limits to this migration

European elections: 2014

Work with a partner.

You have seven minutes to read through Chapter 1 on the European elections of 2014.

You will then be asked to return the books and answer a series of questions about the content.

5

European elections: 2014

Questions:

1) How many UK seats in the European Parliament were contested in May 2014?

2) What was the turnout nationally?

3) What percentage of those seats did UKIP win in 2014?

4) How many seats did the LibDems lose in 2014?

5) Which coalition of parties hold the balance of power in the European Parliament?

6) How would you summarise the main points of the article in a single sentence?

6

Sample 25 mark questions

• Discuss the extent to which the government and citizens of the UK can influence the decision-making processes of the EU.

• ‘The UK has limited influence on policy making in the EU.’ Discuss.

• Discuss the reasons why EU membership has been such a divisive issue in UK politics.

• ‘Allegations of a “democratic deficit” within the European Union are more justifiable in the case of some of its institutions than in others.’ Discuss.

‘Allegations of a “democratic deficit” within the European Union are more justifiable in the case of some of its institutions than in others.’ Discuss.

AO1: Knowledge and understanding

Students should demonstrate knowledge and understanding of the term ‘democratic deficit’ and its use in discussion on the EU. They should also demonstrate knowledge and understanding of the main EU institutions, including the European Commission, the European Council, the Council of Ministers and the European Parliament. Reference to the European Court of Justice is not required, although reference to it, accurate, may be rewarded.

AO2: Analysis and evaluation

Students should analyse each key EUinstitution in terms of its democratic strengths and failings. This should entail an examination of factors such as structure, role of officials, method of appointment of members, role in the legislative process, power with respect to other institutions, access available to citizens, and openness. Students need not cover all these aspects in order to access the higher mark ranges; the quality and depth of their analysis will be the important thing.

Some high-level students may argue that the position has changed over time. For example, originally the members of the European Parliament (MEPs) were not elected, but once they were, the institution gained greater democratic legitimacy. Higher-level students may also note the effects of significant landmarks such as the Single European Act of 1986, the Maastricht Treaty of 1992, the Amsterdam Treaty of 1997, and the controversy over the move towards an EU ‘constitution’ leading to the Lisbon Treaty of 2007, which made Co-decision the ‘Ordinary Legislative Procedure’ (giving more power to the Parliament) and created the positions of EU ‘president’ and ‘foreign minister’.

AO3: Communication

The student’s response must be directed at the focus of the question and must include a linked conclusion. It does not matter what view students reach on the relative degree of democracy found in the different institutions providing that their position is supported by their arguments and examples.

8

‘Allegations of a “democratic deficit” within the European Union are more justifiable in the case of some of its institutions than in others.’ Discuss.

The EU is often accused of possessing a ‘democratic deficit’, or a perceived lack of democratic legitimacy and accountability. However, this deficit does not apply equally to all of its major institutions.

The European Parliament has the strongest democratic credentials of any institution in the EU. MEPs are directly elected by voters in the 28 member states and function as their representatives. MEPs are subject to re-election every five years, providing a measure of accountability comparable to that found in most national parliaments. On the other hand, MEPs’ constituencies tend to be significantly larger than those of UK MPs, for example, thereby weakening the level of accountability voters can exercise. Moreover, turnout in European elections has been falling for more than two decades. At only 34% in 2014, the level of political participation threatens the Parliament’s mandate and claim to represent a majority of citizens of the Union. On balance, however, the direct link between MEP and constituency guarantees a degree of democratic legitimacy that exceeds that available to any other EU institution.

9

Key institutions

The European Parliament

Directly elected by EU voters every five years, Members of the European Parliament (MEPs) represent the people of the EU member states. The European Parliament has three main roles:

• debating and passing laws, with the Council;

• debating and adopting the EU's budget, with the Council; and

• democratic scrutiny of other EU institutions, particularly the Commission.

12

The European Commission

The Commission functions as the executive arm and civil service for the EU. Commissioners, one from each EU country, provide the Commission’s political leadership during their five-year terms. Each Commissioner is assigned responsibility for specific policy areas by the President.

The President is nominated by the European Council. The current President of the European Commission is Jean-Claude Juncker. The Council also appoints the other Commissioners in agreement with the nominated President. These appointments are subject to the approval of the European Parliament. In office, they remain accountable to Parliament, which has sole power to dismiss the Commission.

The Commission has four key roles and functions:

1. proposing new laws to Parliament and the Council

2. managing the EU's budget and allocating funding

3. enforcing EU law (together with the Court of Justice)

4. representing the EU internationally, for example, by negotiating agreements between the EU and other countries.

13

The Council of the EU

Also informally known as the EU Council, this is where national ministers from each EU country meet to adopt laws and coordinate policies. The Council:

• Passes EU laws.

• Coordinates the broad economic policies of EU member countries.

• Signs agreements between the EU and other countries.

• Approves the annual EU budget

• Develops the EU's foreign and defence policies.

• Coordinates cooperation between courts and police forces of member countries.

14

The European Council

The European Council brings together the heads of state or government of every EU country, the Commission President and the European Council President, who chairs the meetings. The EU’s High Representative for Foreign Affairs and Security Policy also takes part.

• The Council meets twice every six months, though its president can convene a special meeting if needed. Meetings are usually held in Brussels.

• The European Council decides by consensus, except if the Treaties provide otherwise. In some cases, it adopts decisions by unanimity or by qualified majority, depending on what the Treaty provides for.

• Donald Tusk is the President of the European Council. His term of office began on 1 December 2014 and runs until 31 May 2017.

• The presidents of the European Council and Commission, and the High Representative for Foreign Affairs and Security Policy do not have a vote.

15

EU legislation

Three main institutions are involved in EU legislation:

• the European Parliament, which represents the EU’s citizens and is directly elected by them;

• the Council of the European Union, which represents the governments of the individual member countries. The Presidency of the Council is shared by the member states on a rotating basis.

• the European Commission, which represents the interests of the Union as a whole.

16