Foundations of European Law - Essay Example

The EU’s powers of decision making and the operation of its institutions have invited widespread criticism1. Critics argue that there is no democracy in the EU and they attribute this to the functions of EU and its institutes. There are several baseless arguments that attempt to affix the label of democratic deficit on the EU. However, democratic deficit can arise, only if there is no transparency, a lack of consensus, paucity of trust, absence of a social justice system and no accountability2.

The European Union is said to be democratically deficit because the executive power is completely vested in the European Commission, which is not an elected body. The Commission enjoys widespread powers in the EU, and it is the decision maker and organiser of the matters in the EU. It proposes and executes the legislation in the EU3. The important legislative organ of the Commission is the Council of Ministers. This Council is not accountable to anyone and is beyond the scrutiny of the Member States.

All the Member States of the EU are required to adopt the euro as their sole currency. Member States are also required to adopt the directives and regulations issued by the EU and integrate them in their national legislation4. A referendum was held in the year 2005, which had proposed a constitution for the European Union. The citizens of France and Holland opposed the enactment of a constitution for the EU. The constitution was later incorporated in the Lisbon treaty, in October 2007. The United Kingdom opposed the proposed transfer of greater power to the European Union.

The Lisbon Treaty proposed a president and a foreign minister for the EU, a supreme court, a civil administration system, a flag and anthem, a Charter of Fundamental Rights for the citizens of Europe, an extension in majority voting, more powers to make treaties and a specific clause, the Passerelle clause, which fortifies the