Article 10 TEU: Democracy and the Democratic Deficit in the EU
Is Article 10 TEU a Political or Legally Binding Statement?
1. Do We Have Elections in the EU?
We have elections to the European Parliament, but does the EU have a president in the same way as, for example, the Spanish president? There isn’t one clear figure above all the presidents of the different institutions. So, who do we elect when we elect to the EU Parliament?
Until 2009, it wasn’t clear. From that moment on, there is a provision that states the EU Parliament nominates the president of the European Council. In simple terms, the parties that take part in the EU Parliament will have a candidate, and they will propose it to the EU Council, which will appoint the one with the highest vote count. The EU Parliament will then accept it.
What does this mean? It means that we can appoint our representatives in the EU. And can we remove them? We can, but to an extent. We have elections every 5 years, and then… So yes, more or less, we can.
2. Is There a Separation of Powers in the EU?
If we consider the powers each institution has, the answer is yes; we have the trias politica:
- European Commission: Executive and administration.
- European Parliament: Lower chamber (like the Congreso de los Diputados). Represents the citizens and has the primary power to pass laws. Territorial representation of the citizens.
- Council of Ministers: Upper chamber. Composed of ministers from Member States. It has the power to pass laws with the Parliament. It is a mix between the executive and the legislative.
- ECJ (European Court of Justice): Constitutional/supreme court. It is the last instance for the interpretation and implementation of EU law across Member States. It has the power to say what the law means.
3. Does the EU Have a Bill of Rights?
Yes, we have the Charter of Fundamental Rights and Freedoms, which is legally binding on citizens and institutions.
So, yes, we have a democracy.
Why the Debate About the Democratic Deficit?
We elect one institution directly, but we do not have the same linkage as we have between the legislative and the executive power in national systems. In a country, usually the winner takes it all. The government is composed of the party that has won the elections. That link does not exist in Europe.
We know that there is a president, but the candidate for president comes from the Member States. This means that the Commission comes to be as a whole different from the executive at a national level and cannot be removed by the Parliament. The Parliament challenging the Commission is going against all Member States. Here, the winning party does not take it all.
This means that the sense of legitimacy is undermined because we are not voting for a program, as the Commission is independent from the Parliament and cannot be removed. The Council of Ministers is not subject to a president in the EU who can remove them. It is a highly political institution that makes things complicated, with secret deals…
What does this mean? At the end of the day, you do not know to whom insiders from the Council of Ministers are accountable.
So, Is the EU a Democracy?
It is, but it is one in which the linkage between voting and the elected president does not exist. Accountability and lack of transparency are the main problems in the EU.