The European Union as Exemplary But Imperfect Multilevel Democracy
摘要
In the EU’s quasi-federal (supranational) constitution, democracy at EU and Member State levels are obviously interdependent and therefore closely intertwined. Accordingly, EU law formulates concrete democratic requirements for both the EU and the Member States with a supranational character. Several of those supranational democratic standards constitute judicially enforceable individual rights with primacy over national law. Art. 2, 10 TEU even enshrine a general right to national democracy. By virtue of Art. 4 (2) TEU, however, Member States retain broad discretion in designing their concrete democratic structures, so that only elementary democratic standards are made obligatory by EU law. The CFR codifies the common supplementary democratic rights that bind the Member States when they are implementing EU law. Art. 10 (3) sentence 1 TEU enshrines the central democratic right of Union citizens to EU democracy and Art. 9 sentence 1 TEU the general right to democratic equality. Specific democratic rights at EU level are guaranteed by the CFR, alongside the aforementioned supplementary democratic rights. From a synthesis of all these democratic rights, an unwritten general individual right of Union citizens to democracy at EU level can be derived. The EU also actively engages in the “export” of democracy to third States (horizontally) and to the international community (vertically). The human right to democracy in general and in its specific aspects is more firmly entrenched and more easily and effectively enforceable within the multilevel EU system than outside. Union law thus harbours a great potential to counteract democratic backsliding both in individual Member States and at EU level.