CEU Electronic Theses and Dissertations, 2011
| Author | Klenanc, Miklos |
|---|---|
| Title | CURE FOR DEMOCRATIC DEFICIT IN THE EU: THE LISBON TREATY? WITH COMPARATIVE ANALYSIS OF THE FRENCH, GERMAN AND HUNGARIAN CONSTITUTIONAL COURT'S "LISBON-JUDGMENTS" |
| Summary | In the present thesis I aim to approach the question of democratic deficit in the European Union somewhat differently than it is common in the relevant literature. After briefly describing the evolution and numerous interpretations of the term democratic deficit I narrow the scope of examination and choose to conduct the research focusing closely on a legalistic – institution based concept. In the second part of my thesis I try to localize the possible democratic deficit by analyzing the democratic foundation of the European Union’s institutional structure involved in decision-making before and especially after the Lisbon Treaty – to get an answer to the question whether this treaty have managed to cure EU’s democratic deficit. I introduce the terms unwanted outsourcing of governmental powers and preparatory/drafting democratic deficit in order to describe my main theoretical findings: that the decision-making processes sometimes reposition the real possibility of control from governments to supranational institutions without strong enough democratic legitimation. While in the first two main parts I work mostly with the method of systematization and I refer to numerous secondary sources, in the third part comparative constitutional methods are used to analyze the judgments of French, German and Hungarian constitutional court regarding Lisbon Treaty, in order to test my findings. The comparative analysis showed – inter alia – that although my concerns can not explicitly be read in the decisions, the logic behind them proves that my findings can be underpinned by the reasoning of constitutional courts of some of the EU member states. |
| Supervisor | McCrea, Ronan |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/klenanc_miklos.pdf |
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