EU Institutional Framework and Representative Democracy

EU Institutional Setup: From ECSC to Present

Historical Context: The ECSC (1951)

• High Authority: An institution independent of Member State (MS) governance, composed of civil servants with executive power over Coal and Steel.
• Assembly: Composed of members of national parliaments, representing the legislative branch.
• Council: Composed of ministers from the MS.
• Court of Justice: Composed of jurists of recognized prestige from the MS judicial systems.

The Modern EU Institutional Structure

• EU Commission: The successor to the High Authority.
• EU Parliament: The successor to the original Assembly.
• Council of the EU: The successor to the original Council (often referred to simply as the Council).
• European Court of Justice (ECJ): The successor to the original Court of Justice.
• European Council: Composed of the Heads of State or Government (Presidents or Prime Ministers) of the MS.

Representative Democracy in the EU

While the institutions appear similar, the addition of the European Council marks a critical evolution. According to Article 10(1) of the Treaty on European Union (TEU):

• The Union is founded on representative democracy.
• Citizens are directly represented in the European Parliament.
• Member States are represented in the European Council and the Council by governments accountable to their national parliaments or citizens.
• Citizens have the right to participate in the democratic life of the Union, with decisions taken as openly as possible.
• European political parties contribute to forming political awareness.

Defining Representative Democracy

At its core, representative democracy involves citizens electing officials, judging their performance, and deciding whether to reelect or remove them. Key considerations include voting systems, eligibility, and the application of the trias politica.

EU Institutional Parallels

• European Commission: Executive and administration.
• European Parliament: Lower chamber.
• Council of Ministers: Upper chamber.
• ECJ: Constitutional/Supreme Court.

Division of Powers

• Vertical: Between the EU and Member States.
• Horizontal: Between EU institutions.

Is the EU a Democracy?

To evaluate the democratic nature of the Union, we must assess the presence of:

1. Elections
2. Doctrine of separation of powers
3. Fundamental rights