The Legitimacy Problems of the EU
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Transcript of The Legitimacy Problems of the EU
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Asst. Prof. Dr. Alexander Bürgin IUE
The Legitimacy Problems of the EU
Summary for PSIR 514
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Ass. Prof. Dr. Alexander Bürgin IUE
The Legitimacy Problems of the EU
1. Theories of the Social Bases of Politics
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Ass. Prof. Dr. Alexander Bürgin IUE
Easton's theory explains how support for institutions change
● Affective support: non-material attachment to a political institution – provides a basic level of support independent of results
● Utilitarian support: economic or political cost-benefit analysis
● These two types of support are not contradictory but related: Cost-benefit calculations determine whether the underlying level of support goes up or down over time
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Ass. Prof. Dr. Alexander Bürgin IUE
The Legitimacy Problems of the EU
2. Public Support for the European Union: End of the Permissive Consensus
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Ass. Prof. Dr. Alexander Bürgin IUE
The permissive consensus in favour of integration disappeared
● In the beginning of the integration process there was a favourable prevailing attitude toward European integration
● Widespread opposition to the EU emerged during ratification process of Maastricht treaty
● Anti-European parties successful in European elections
● Reasons: Deeper integration creates winners and losers, Eastern enlargement, loss of national sovereignty
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Ass. Prof. Dr. Alexander Bürgin IUE
Between 1991 and 2003 support fell dramatically in the founding MS
● More than 20% Minus in Germany, France, Italy● Less support in all MS but Sweden● Huge differences among MS at the start of the
integration process
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As a reaction a European Convention elaborated a Constitutional Treaty
● Task: Reform of the institutional architecture, trigger a public debate, bring EU closer to the citizens
● Membership: Delegations of national governments, national parliaments, EP, Commission
● Suggested a constitutional treaty in July 2003 which was accepted by the member states, but failed in public referendum in France and Netherlands in 2005
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The Lisbon Treaty replaced the Constitutional Treaty
● After a reflection period member states agreed on the Lisbon Treaty in December 2007
● Basic change was just the name (amended the existing treaties instead of a new treaty)
● Ireland rejected LT in a public referendum in 2008, but accepted it in a second referendum in 2009 (in return for concessions such keeping 1 commissioner per country)
● LT in force December 2009
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Asst. Prof. Dr. Alexander Bürgin
Key elements of Lisbon Treaty (1)● A European Council President: with a 2½ year
term replacing the rotating presidency.● A single foreign affairs post: created by
merging the External Relations Commissioner with the CFSP High Representative.
● More powerful Parliament: by extending codecision with the Council of Ministers to more areas of policy.
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Asst. Prof. Dr. Alexander Bürgin
Key elements of Lisbon Treaty (2)● More double majority voting: to new areas of
policy in Council, from 2014 on.● National parliaments engaged: by expanding
scrutiny-time of legislation and enabling them to jointly compel the Commission to review or withdraw legislation.
● Citizens' Initiative: to be considered by theCommission if signed by 1 million citizens.
● Combating climate change: explicitly stated as an objective.
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There are plenty motives for the rejection of the CT and LT
● Cost-benefit calculation: Low skilled workers fear competition in the European market
● Political ideology● Leftist argument: dissatisfaction with liberalisation● Rightist argument: erosion national sovereignty
● Lack of information about content of CT/LT● Lack of political leadership of governments
● No clear vision for the future of the EU● Lukewarm European commitment
● Perception of a Democratic Deficit of the EU
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
The Legitimacy Problems of the EU
3. Sources and dimensions of legitimate governance
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
The Legitimacy Problems of the EU
3a. Social-legitimacy
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Social legitimacy as precondition of governance
● The principle of popular sovereignty presuppose that the question of who constitutes the people has been settled to mutual agreement
● Majority decision making requires sufficient trust between citizens to accept that being outvoted does not constitute a threat to their essential interests
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How much „we-feeling“ is necessary for the EU? (1)
● Neofunctionalists: transnational political identities could spill over from one elite to another before embracing a wider public
● Haas 1958: organised political actors would be gradually persuaded to shift their localities and expectations towards a new centre
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How much “we-feeling” is necessary for the EU? (2)
● Intergovernmentalists: assume that political identities would and should remain national
● Moravcsik: preferences continue to be formed at the national level
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How much we-feeling is necessary for the EU (3)
● Federalists: European identity exists because of common historical stages of society
● Christianity, Renaissance, Enlightenment, industrialisation
● Common founding goal of the EU: avoid repetition of war
● Common enterprise: ever closer union as concept to master the globalisation
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Assessment: EU does not need the same strong identity as on nation state level
● non-state political system● No monopoly of violence ● No right to dig deep into the taxpayers pocket
● But „thin” European identity is needed● European public forum of shared
communication● Acceptance of majority decisions● Performance can create stronger common
identity
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Empirical analysis: Does an European identity exist?
● Many citizens have more than 1 identity● Multiple identities tend to be cumulative rather than
contradictory● Trust to other nationalities has grown from 1.55 to
1.75 (scale 0-3) between 1976-90, compared to a steady level of 2.25 between members of the same national community (Eurobarometer)
● Existence of European identity differs between the member states
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Delhey-Survey: South Eastern Enlargement decreases trust level
● The publics of six founding member states trust each other
● Low level of trust of citizen of the old member states in citizens from the new post socialist member states
● Low trust also among CEEC citizens● But: trust level in EU-6 was also low at the
beginning of integration process
Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
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Why do nations trust other nationalities?
● Delhey (2007: 271): ● The more developed a nation is, the more trusted
its people are● Trust is higher between culturally related
countries● Powerful nations are perceived with some
caution, no matter how culturally close or modern they are
● Therefore: Turkey’s EU membership would decrease trust level
Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Perception of European identity shapes the proposals for appropriate EU governance
● Strong European identity – far reaching supranational policies possible
● Weak sense of European identity – limited space for supranational policies
● Solution: combine social legitimacy of national and supranational level
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
The Legitimacy Problems of the EU
3b. The Input-dimension of legitimacy
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Political power should be authorised and accountable
● Solution: election by the people of a political system
● Because of uncertainty about existence of European people dual political leadership: unelected Commission and Council of Ministers accountable to national parliaments and electorates
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
The legitimisation of governance via Council is problematic
● Meeting in non-transparent manner● National elections don't deal with European issues● Problem of QMV: If national governments are not
in a position to veto proposals they cannot be held accountability to their national parliament
● Role of the Commission: not a technocratic bureaucracy but quasi-government
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Therefore supranational input-legitimacy was strengthened
● Appointment function of the EP strengthened: New Commission has to be confirmed by the EP
● Legislative function of the EP strengthened● QMV linked to co-decision● Final say over the annual budget
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
The empowerment of the EP remains however limited
● No power in important policy areas● Commission president is not the leader of
the winning coalition in the EP-election● No right to initiate legislation
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
The empowerment of the EP itself has its limits
● EP-election are still second order in character and dominated by the national agenda
● Lack of European public debates: citizen is not aware of policy options
● Trend to grand coalition inside the EP● Reluctance of elite and mass level to be
governed by simple majoritarian politics
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Input legitimacy remains fragile
● Intergovernmental and supranational conceptions have their limits
● Perception of Democratic deficit is one reason for failed referendum about Constitutional Treaty
● Legitimacy via inclusion of organised interests depends on their representativeness
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
The Legitimacy Problems of the EU
3c. Output-dimension of legitimacy
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Output Legitimacy: Better results than at national level are possible
● Utilitarian justification of EU governance: added value in comparison to national governance
● EU doctrine of subsidiarity: The Union should only act where it is better placed than national gvt for reasons of scale or effect (TEU Art. 3b)
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
EU action justified if added value to national governance
● Many problems cannot be solved at the national level
● Pooling and delegation of sovereignty can increase the power of the national state
● The pubic has clear views on those policy areas which should be governed at EU
● Problem: Divisions about the right content of policies
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Ass. Prof Dr. Alexander Bürgin Izmir University of Economics
Summary: Alternative justifications for legitimate governance of the EU