Tuesday, January 28, 2020

Does the European Union Have a Democratic Deficit?

Does the European Union Have a Democratic Deficit? Critically discuss whether the European Union suffers from a Democratic deficit. In your answer refer to the past and present situations and to the possible future under the Treaty establishing a Constitution for Europe. Introduction This paper evaluates the democratic credentials of the European Union, considering the popular criticism that the Union suffers from a so-called â€Å"democratic deficit† in its legislative processes. The past, present and possible future state of the Union is analysed so as to determine the truth behind this concern and to analyse the way in which the Union has evolved to mollify its critics in this respect. The proposed Constitutional Treaty is most unlikely to be adopted in its present draft in the short-medium term given its rejection by France and The Netherlands at national referenda in 2005.[1] However, this paper considers the ways in which the draft Constitutional Treaty proposes to address further the problem of the Union’s democratic deficit.. The Changing Face of Europe: One Common Concern In 1957 the Treaty of Rome[2] was signed with the aim of creating a deep economic relationship between six European states: France, Germany, Italy, Belgium, The Netherlands and Luxembourg.. The architects of the European Economic Community, including Schumann and Monnet, were fearful of the threat of a devastating third war on the European continent and keen to encourage European states to associate more closely together to reduce that risk. In those early days, that was the ostensible extent of political ambition.. The Treaty of Rome was not intended to have a constitutional perspective or scope and did not concern itself with issues appropriate to that form of measure.. However, the Single European Act[3] brought into effect a conscious and determined scheme to bring the member states of the EEC closer together. The range of policies under the auspices of the EEC began to grow significantly and the European Commission, led by the famous Jacques Delors[4] became extremely proactive in the law making process.[5] Criticisms of the way in which EEC law was made had been laid against the Community by Euro-sceptic politicians, academic commentators, journalists and the public at large for years prior to the mid 1980s, but it was at around the time of the passing of the Single European Act that those criticisms and concerns really gained force. The EEC institutions were criticised as operating under what was called a democratic deficit. This is shorthand for the allegation that the EEC institutional and legislative systems were allowing unelected, faceless bureaucrats to create law that would have binding effect across the Community, rather than preserving that task for national representatives elected by direct universal suffrage. The common public and media perception that the EEC was not an effective democratic entity became quickly entrenched as the Commission began producing more and more law for application in the member states. It is submitted that the matter would not perhaps have attracted such concern if EC law took second place to national law but in fact criticisms of the democratic deficit were sharpened and polarised by the principle of the sovereignty of EC law, which dictated that law issuing from this body of dubious democratic credentials took precedence over the highest forms of national law created by ancient democracies: see Costa v ENEL[6] In terms of a personal critical appraisal it is asserted that there is little doubt the â€Å"democratic deficit† criticism was originally well made and well founded.. The European Assembly was no more than a talking shop, with very few powers, until the passing of the Single European Act and the bureaucratic Commission was without question the legislative engine of the EEC. Perhaps the best evidence of the extent of the democratic deficit is to be found in observation of the considerable efforts of the Community to address the issue in more recent times. For example, the Single European Act itself, in a subtle move, renamed the Assembly the European Parliament, presumably to give the institution a more democratically-positive and authoritative (sounding) title. The new Parliament was also allowed some marginal new powers in the law making process of the Community. This gesture did nothing to silence those critical of the EEC lack of democracy. Commonly known as the Maastricht Treaty, the Treaty on European Union[7], was signed in 1992 and the EEC became the EC, which in turn became one part of the European Union. Alongside other massive changes, again the law making powers of the European Parliament were strengthened and developed, this time quite substantially so, in an attempt to re-balance the legislative processes of the Union. It was hoped that this would further mollify those critical of the Union’s democratic deficit. It is submitted that the fully elected Parliament now had a real and effective part to play in the EU law making regime, but criticism of a democratic deficit still persisted given the huge influence and power that the unelected Commission still retained over the process. The Treaties of Amsterdam and Nice followed. These were largely aimed at reorganising the EU law and institutions so that the Union could operate more effectively and smoothly after its intended enlargements. This enlargement has now taken place and on 1 January 2007 the Union expanded to embrace 27 member states with the accession of Bulgaria and Romania.[8] It was hoped that a new EU Constitution could have been adopted prior to the recent enlargement phase in order to better equip the expanded Union for its future operation and growth. The Constitutional Treaty The first step towards the establishment of an EU constitution was the signing of the Treaty establishing a Constitution for Europe in October 2004.[9] Inter alia, the draft Treaty provides that seats in the European Parliament will be distributed on a degressive proportional basis and that the Commission (which lacks any democratic authority) will be reduced in size from 2014, so as to make the number of Commissioners equivalent to two-thirds of the number of member states. Addressing the democratic deficit head on, the Constitutional Treaty’s default law making procedure would be one requiring the joint adoption of measures by the Council and the European Parliament.[10] The Treaty would have required the Council to convene in public when making law and required that national parliaments would receive information relating to new EU legislative proposals in sufficient time to allow them to instruct ministers as to how to cast their vote in Council. Furthermore, the Treaty would have given national parliaments the power to return proposals to the Commission for reconsideration if they believe the matter at issue lies outside the competence of the European Union and the Treaty proposed to give the principle of subsidiarity the important status of a fundamental legal principle of the Union. In addition, the Treaty would have established a so-called citizens’ right of initiative, which would require the Commission to consider proposals for legislation that gained the support of at least 1 million citizens of the EU. That said, it is debatable precisely what force and effect this might have had in practice, given that consideration may merely result in the Commission saying â€Å"No†, or rather â€Å"Non†. In combination these reforms would have gone some way to counter persistent criticisms that the EU labours under a democratic deficit.[11] However, it is submitted that Avbelj overstates its potential effect when he somewhat tenuously suggests: ‘The EUs formal democratic deficit is not as a big problem as it is portrayed, and the new Constitution in its present form can remedy most, if not all of it.’[12] In rebuttal, Irish Party Sinn Fein has observed: ‘The Constitution does not effectively redress the democratic deficit issues identified in the Laeken Declaration. Instead it shifts the balance of power and control yet further from the sovereign national parliaments and towards the EU.’[13] In particular, it is stressed that the European Commission would remain the sole initiator of legislative proposals under the draft Treaty. Other bodies, including the European Parliament, the Council and lobbying blocks of millions of citizens can merely ask the Commission to consider drafting a proposal.[14] Concluding Comments In conclusion it is submitted that the European Union does and always has suffered from a democratic deficit. This stems from the very foundations of the European Economic Community, when the European Commission was given largely unrestricted bureaucratic powers to administer what began in effect as little more than an economic club. The essential problem has been that the EEC quickly outgrew its initial parameters and objectives, soon becoming the European Community (dispensing with the word â€Å"Economic† because now its horizons were much broader)[15] within a greater EU, but the Commission has stayed, incongruously it is submitted, at the very heart of the law making process throughout this period of rapid growth and evolution. In simple words, the EEC began with a massive democratic deficit but it did not become controversial until it began to develop its powers. Since the mid 1980s the democratic deficit has gradually been whittled away, largely through successive Treaty amendments which have slowly given more power and influence to the elected European Parliament.. It is true that the draft Constitutional Treaty would have continued this process, introducing further reforms to address the democratic deficit. However, the Commission, which lacks democratic credentials, will still cling tightly to the law making process even if the implementation of the Treaty proposals ultimately takes place.. In order to banish the spectre of the democratic deficit completely from the European Union and its processes it will be necessary drastically to re-assess the role of the European Commission. The Commission will need to be reduced in status to that of an ordinary national civil service, and the European Parliament must assume full responsibility for law-making, before the EU can hope to assert full democratic authority. This will be a bitter pill for the Commission to swallow: it has always jealously and vociferously guarded its role and power. However, if the EU is to mature into a deeper union this policy must at some point be implemented. BIBLIOGRAPHY Consolidated version of the Treaty establishing the European Economic Community: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en000103 31.pdf. Treaty establishing a Constitution for Europe (2004): http://europa.eu.int/constitution/index_en.htm Avbelj M., Can the New European Constitution Remedy the EU Democratic Deficit? (2005): http://www.eumap.org/journal/features/2005/demodef/avbelj. The European Union: Balancing Democratic Deficit? (2005/03/10): http://www.eumap.org/journal/features/2005/demodef. Foster, EC Legislation (2006-2007), (2006) Blackstone’s Statutes (London) Kent, Law of the European Union, (2001) Longman Report from the Presidency of the Convention to the President of the European Council (18.07.2003) see: http://european-convention.eu.int/bienvenue.asp?lang=EN Steiner and Woods, Textbook on EC Law, (2003) Blackstone Straw sees no point in EU vote, June 6 2005: http://news.bbc.co.uk/1/hi/uk_politics/4612021.stm Cases as footnoted. 1 [1] Straw sees no point in EU vote, June 6 2005: http://news.bbc.co.uk/1/hi/uk_politics/4612021.stm [2] Consolidated version of the Treaty establishing the European Economic Community: http://eur-lex.europa..eu/LexUriServ/site/en/oj/2006/ce321/ce32120061229en000103 31.pdf. [3] The SEA entered into force in July 1987. [4] President of the European Commission 1985 1995. [5] See for context Margaret Thatcher’s statement to the Hanover European Council, July 30 1988: Hansard HC [136/525-35]http://www.margaretthatcher.org/speeches/displaydocument..asp?docid=107281. [6] Case 6/64. [7] Foster, EC Legislation (2006-2007), (2006) Blackstone’s Statutes (London). [8] See: http://europa.eu/pol/enlarg/index_en..htm. [9] See for detail: http://europa.eu.int/constitution/index_en.htm. [10] Report from the Presidency of the Convention to the President of the European Council (18.07.2003) see: http://european-convention.eu.int/bienvenue..asp?lang=EN. [11] The European Union: Balancing Democratic Deficit? (2005/03/10): http://www.eumap.org/journal/features/2005/demodef. [12] Avbelj M., Can the New European Constitution Remedy the EU Democratic Deficit? (2005): http://www.eumap.org/journal/features/2005/demodef/avbelj. [13] Ireland and the EU Constitution: http://www.sinnfein.ie/pdf/EUConstitutionPamphlet.pdf, p10. [14] Can it really be argued that EU laws can be described as national governments acting at EU level when the European Commission has the sole right to propose those laws? [15] See: Kent, Law of the European Union, (2001) Longman, p.9.

Monday, January 20, 2020

Why Are People Migrating To Colorado :: essays research papers

Why people are migrating to Colorado   Ã‚  Ã‚  Ã‚  Ã‚  Migration and population growth is on the rise in Colorado especially in the center of the state as well as one of the four of the nation's fastest-growing counties in the 1990's due to many factors. Why is Colorado so popular to migrate to? Many people see the versatility the state is attributed with and how convenient it is for employment. People can live in the lifestyle associated with mountains and wildernesses while at the same time have access to a city filled with jobs with a minimal commute. Some also believe that people are drawn to Colorado and attracted to the state because of the typical image of the west, open space, and the old frontier vision that also creates an inviting atmosphere. Californians surprisingly lead the way in migration to Colorado averaging one in every seven residents moving to Colorado. Texas, Florida, Arizona, and Illinois were the following states after California in migration to Colorado in 1997. Although people are migrating to Colorado in large numbers recently, the population growth has taken its toll on the state affecting traffic, schools with overcrowding, and real estate prices. So what are people doing when they migrate to Colorado? Obviously people are becoming attracted to the state for various reasons including most importantly the family type setting in a small city lifestyle. The family setting that has lured people to migrate to Colorado contributes greatly to birthrates that have sky rocketed resulting in a tremendous increase in the state's population . With the increasing population growth Colorado experiences, the creation of jobs becomes a result and a cycle begins to form.

Sunday, January 12, 2020

Brechtian Performance- Second Reflection Essay

1. What Brechtian techniques did you use in your group? Myself and my fellow group members used many different Brechtian techniques in our peace of Epic Theatre. Firstly, we decided on a social issue to base our peice of theatre on, our final being the issue of gay marriage. We then set this issue based on the story of The Three Muskateers, and changed the name to Three Muskaqueers.This word play and the theme of gay marraige continued on throughout our peice of theatre. Also, to continue the theme of homosexuality, we used Brechts idea of introducing Gods who pass jugdment on the play and the characters, Hamzah was our God of Gays. We also used a popular song the YMCA and changed the words according to our social issue and story. Other Brechtian techniques we used were scene cross cutting, gestus and greeze frames and we also had a narrator who introduced our play. 2. How well did you think you used them (Popular audince reaction/engagement/understanding. Critical; opinions of other practitioners & Self; personal targets you may have set yourself) I think that our group used most of the techniques very well. We were able to explicitly use the Brechtian techniques we chose, such as using a God to pass judgement and using a narrator, however i feel we could have improved on other aspects of Brechtian theatre; such as including the characters saying stage directions. If we had added more of these techniques our peice would have become more Brechtian and would have been more obvious to the audience that our performance was a peice of theatre. I think we used our social issue and story well as we cleverly created a play on words from the original story of the Three Muskateers to the Three Muskaqueers. I feel that overall, from the reaction that we got from the audience and how i feel about our peice of theatre from the targets i first set myself that we used the techniques very well. 3. How well did you ‘synthesis’ your content (what you were saying) with the form (how you were saying it) What did you think was effective and why? I think that we had quite a fair amount of synthesis in our production as we kept the theme of â€Å"homosexuality† and â€Å"gay marraige† running throughout the peice. We incorporated this theme into our chosen theme song, and into puns and jokes we made throughout the peice of theatre. I feel that we could have, towards the end of the peice kept the theme running more as we changed the story by making one of the main characters turn straight, and our teacher and fellow students did not fully understand this choice, so i feel that we could have made this mroe obvious or changed this. 4. If you were not happy with aspects of your work then what alternative approaches might you have pursued? Mention at least 2 aspects of your peers work that you thought was effective and why, as you consider alternatives. 1) I feel that we could have used the use of stage directions more because we did not include this as much as we could have, and this part of Epic Theatre is a very important part of Brechts work as he uses it to break the â€Å"fourth wall† between the actors, the play and the audience. 2) I feel that we also could have used either mime or mask in our theatre. Although none of the other groups did this, it is a very well known Brechtian technique, and would have made our peice of theatre stand out much more through the use of nboth Mime and masks.

Saturday, January 4, 2020

Robespierre Hero or Villain - 744 Words

Maximilien Robespierre has always been known to be controversial and misunderstood. He was the face of the French Revolution. In accordance with the Jacobins, they controlled the time known as the Reign of Terror, due to their influence in the accumulation of murders of those opposed to the revolution. Reign of Terror was a symbolic time period within the French Revolution that involved corruption of power and influence and mass executions. With Robespierre at the forefront, he became one of the most important men in the Revolution. As soon as Maximilien Robespierre decided to react to enemies of the revolutions, mass execution being his choice of force; his implementation of the Reign of Terror was a villainous act striking those who†¦show more content†¦With all of the chaos and commotion going on with the Revolution, a sense of victory without the people was impossible. Robespierre once said, The domestic danger comes from the bourgeois; to defeat the bourgeois we must ra lly the people. This concept helped to create a defense policy that rested on the Sansculottes and the middle bourgeoisie, this of which Robespierre became that symbol (Soboul 56). The Jacobins and Sansculottes forced this revolutionary of national defense upon the French leadership and upper class. This is where Robespierre s villainous side begins to emerge. Upon implementation of this strategy, overthrow and mass executions began to appear. He was one of the most influential people of the French revolution, and was the political figurehead of France after Louis XVI was executed. Maximilien did not believe in forgiving the rioters in the French Revolution and instead executed them and began the Reign of Terror, something he believed was necessary. There is no doubt that Robespierre was a fantastic leader and had manyShow MoreRelatedIs Man Inherently Evil?713 Words   |  3 Pagesan affair with Abigail Williams, our inciting force. With the evidence given in the first Act, John Proctor is a good man. He is honest, loyal, and righteous. Our hero, however, has one fatal flaw. He lusts after Abigail and his feelings soon lead to his affair. But that’s all it is. Feelings. The same can be said for our main villain, Abigail. She spends the entirety of the play accusing the town of witchcraft, even betraying some of her friends if they get in her way. We must remember that doesRead MoreNapoleon Bonaparte Essay1537 Words   |  7 PagesNapoleon Bonaparte has been called a hero by some and a villain by many others. He was the First Consul of France, then the emperor of France, and finally an outlaw. Napoleon had a meteoric rise to power in the late 18th century, and lasted to the early 19th century. He was able to rise to power through his great military victories and he was able to keep his power by fending off enemies in wars and with some reforms. Napoleon started his life good, but different than many French rulers. NapoleonRead MoreWas Napoleon Bonaparte a Hero or a Villain? Essays1354 Words   |  6 PagesWas Napoleon Bonaparte a hero or a villain? During the Napoleonic Era, from 1799 to 1815, France became a military power gaining and controlling land throughout Europe. While some historians believe Napoleon Bonaparte was a ruthless dictator, his military accomplishments far outweigh any atrocities he committed. He helped France gain stability after the French Revolution and he also abolished the Feudal contract. Napoleon was a brilliant strategist using military tactics to cause fear and toRead More The French Revolution Essay5811 Words   |  24 Pagesuse new taxation to finance the war, he borrowed the money. In 1781, he published the Compte Rendu – which was the first budget the people of France had ever seen. It showed a budget surplus of ten million pieces of silver and Necker was hailed as a hero of the Enlightenment throughout Europe. His budget, however, was a fabrication. France was actually 80,000,000 pieces of silver in debt. When Calonne became finance minister in 1783, he found over half of France’s income went to pay the interest onRead MoreEssay on The Gothic Genre and What it Entails6177 Words   |  25 Pagesfair though, this was written some time after Frankensteins first publication. Frankensteins monster could easily be a symbol of misguided radicalism them, a kind which Mary had no wish to ally herself to, a kind which produced Robespierre and resurrected the guillotine, which smashes machines and scoffs at monarchy. Whether this is true or not the monster is certainly a victim of injustice. He was born innocent in accordance with the principle of the tabula rasa