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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 October 2021

Title II Provisions on Democratic Principles

Title II Provisions on Democratic Principles

(p.103) Title II Provisions on Democratic Principles
The EU Treaties and the Charter of Fundamental Rights

Tobias Lock

Oxford University Press

The inclusion of this title by the ToL can be seen as a reaction to the debate around an alleged democratic deficit of the EU. Some, including the German Federal Constitutional Court (BVerfG), rely on the controversial so-called ‘no demos thesis’ to demonstrate a lack of democracy at the EU level. The no demos thesis contends that in the absence of a European people there cannot be full democracy so that the EU’s democratic legitimation must ultimately come from the MS. Others are less categorical in their criticism, but point to a missing political contest over political authority and a ‘lack of direct democratic input legitimation in the form of elections and representation together with majoritarian decision-making.’ This contributes to a disconnection between the political preferences of voters and policy outcomes at the EU level. Moreover, many of the key actors—most importantly members of the EU Commission—cannot be removed from office by means of a popular vote.

Keywords:   ToL, German Federal Constitutional Court, voters and policy outcomes, EU Commission

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