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Contents Preface xiii Abbreviations xv Introduction 1 1 The European Union's Institutions, Identity and Values 7 i. the european union in a nutshell 7 Three Pillars under One Roof 7 EU Institutions and Their Competences under the Three Pillars 12 a) The first pillar, 12 b) The second and third pillars, 22 c) The Union as a whole, 25 d) The Court of Justice, 27 Differences in Levels of Integration: A Europe "à la Carte"? 28 ii. a european "body politic" and identity 34 The European Union: A Political Entity or a State? 36 a) The Union is not a state, 37 b) The Union: A "body politic" in search of democracy, 39 c) "Nation-state": A concept inadequate to define the Union's polity, 40 European Public Space and Public Opinion 41 a) Is there a European public space?, 43 b) European identity in historical perspective, 45 c) European identity now and in the future, 48 iii. european constitutionalism 52 European Union Values and Objectives 52 Typically European Values and Objectives? 56 iv. conclusions 57 2 Accountable Government 62 i. accountability of executive government 64 Comparing Executive Accountability Regimes 65 Learning Accountability from Scandals 69 a) Open government in Sweden at the expense of responsible journalism?, 70 b) Criminal prosecution in France, playing it rough, 72 c) Tribunals of Inquiry in the U.K. playing it softly, 73 d) Ministerial responsibility in Germany, in accordance with the rules of the Basic Law, 75 e) Ministerial accountability for civil servants: Primacy of politics in the Netherlands and Belgium, 77 ii. political accountability of eu commissioners 81 The Content of Accountability and Political Responsibility 82 a) The principle of accountability and political responsibility in Community law, 83 b) Commissioners' accountability and political responsibility for civil servants, 86 c) Learning from the Member States, 88 d) Accountability under the second and third pillars, 91 The Special Case of Administrative Agencies 91 a) Regulatory agencies, 92 b) Executive or implementing agencies, 95 iii. conclusions 98 3 The Rule of Law 104 i. rule of law, rechtsstaat, and judicial review 105 ii. submission of public authorities to community law 110 Judicial Review by Community and National Courts 110 a) Judicial review by Community courts, 110 b) Judicial review by national courts, 113 The Community Governed by the Rule of Law, but Not (Yet) the Whole Union 118 iii. respect for basic rights and fundamental freedoms 121 Protection of Basic Rights and Fundamental Freedoms in the European Union 123 Protection of Basic Rights and Fundamental Freedoms in the United States 127 Judicial Scrutiny in Concrete Cases 131 iv. providing legal certainty 137 The Need for a Clear Legal Basis 138 a) The principles of conferral, subsidiarity, and proportionality, 138 b) Community jurisdiction regarding interstate trade, in comparison with the United States interstate commerce clause, 141 c) Legal basis, legal certainty, and judicial activism, 149 High-Quality Legislation 151 v. conclusions 153 4 Good Governance 158 i. integrity and efficiency 000 Encouraging Ethical Behavior 000 Ensuring Efficiency and Effectiveness 000 a) "Input" and "output" legitimacy of the budgetary and accounting process, 165 b) New modes of governance, 167 ii. equality in law and affirmative action 171 Equal Protection in the European Union and the United States 171 Affirmative Action Correcting Race and Gender Discrimination 176 iii. social justice and the welfare state 183 A Citizenship of Lonely Rights Bearers? 184 Different Conceptions of the Welfare State 187 a) Health care in the United States and the European Union, 190 b) The impact of EU internal market freedoms on Member State health care systems, 193 The Union's Social Policy and Social Citizenship 196 a) Community supportive action in the sphere of social policy: Social exclusion as an example, 196 b) From market citizenship to political and social citizenship, 200 c) From citizen to resident rights, 206 iv. conclusions 208 5 Open Government 212 i. civic responsibility 213 Republicanism Correcting Individualism 213 Five Conceptions of Responsibility in Complex Organizations 215 The Civic Dimension of Whistle-blowing 217 a) Whistle-blowing (and civil disobedience) in the European Union and in the United States, 217 b) Dealing with whistle-blowing properly, 221 ii. free access to public documents 225 Conflicting Views on How Much Free Access 225 Freedom of Information in the United States 228 iii. civil society, public opinion, and citizen participation 230 The Importance of Civil and Civic Society 230 Citizen Access to the Political Process 234 a) Elections and political parties in the EU, 235 b) Citizen access through other means, 236 A Vibrant Public Opinion on European Integration 238 iv. freedom of the press: a marketplace for ideas 242 a) Freedom of the press under the European Convention of Human Rights (ECHR), 243 b) Freedom of the press in the United States, 247 c) Comparing ECtHR case law with case law of the U.S. Supreme Court, 250 v. conclusions 253 6 Making a Constitution for Europe 256 i. constitution making in the european union 256 a) The proceedings of the Convention, 257 b) Name and contents of the draft Constitution, 259 c) Recent developments, 261 ii. competences and procedures in the draft constitution 263 The Union on a Continuum between Intergovernmentalism and Supranationalism 263 Distribution of Power in the Draft Constitution 267 a) Principles governing the exercise of competences, 268 b) Categories of competences and policies, 271 c) No major changes but some unanswered questions, 273 d) Conclusion, 276 Legal Instruments, Legislative Procedures, and Voting Requirements 276 a) Legal instruments defined, 276 b) Legislative procedures, 279 c) Qualified majority voting, 281 d) Conclusion, 285 iii. the institutions' democratic legitimacy 286 The Union's Single Institutional Framework 286 a) Substantive functions and balance of power, 287 b) Democratic legitimacy and the rule of law, 288 c) Conclusion, 292 Some Controversial Solutions 292 a) A dual presidency, 293 b) The composition of the Council of Ministers, 297 c) The Union's foreign minister, 298 iv. issues still in need of a satisfactory solution 300 The Union's Finances 301 The Procedure for Amending the Constitutional Treaty 304 v. conclusions 305 7 Which New Form of Government for Europe? 309 i. forms of government: a comparative overview 309 The British Parliamentary and American Presidential Systems 310 The French and German Variants of Presidential and Parliamentary Systems 315 ii. pure and mixed forms of presidential and parlamentary government: an assessment 318 Presidentialism versus Parliamentarism 319 a) "The Failure of Presidential Democracy," 320 b) The transformation of "pure" parliamentarism into a mixed form of government, 324 Majoritarian versus Consensus Democracies; Plurality versus Proportional Electoral Systems 326 a) Majoritarian versus consensus democracies, 327 b) Plurality versus proportional electoral systems, 330 iii. two specific issues: bicameralism and political parties 332 The Significance of Bicameralism 332 a) Bicameralism from a European Union perspective, 333 b) Bicameralism in a federal state: Germany, 334 The Importance of Political Parties 337 a) The Role of political parties in the Member States, 338 b) Political parties in the European Union, 341 iv. a democratic form of government for the european union 344 Not a Presidential but a Strong Parliamentary System 344 a) Neither a pure nor a semi-presidential system, 344 b) A "consensus" democracy with a strong executive, 346 c) The Union's democratic deficit, 348 Improving the Commission's Accountability 349 Adapting the Role of Euro-Parties 352 a) Involving citizens, 353 (b) Strengthening party identities, 354 c) Changing the focus of Euro-parties, 356 d) Taking the risk of enhanced democratic legitimacy, 358 Constructing Accountability in the Council of Ministers? 360 a) The Council: One of two parliamentary houses (or chambers)?, 361 b) Striking balances in the common interest, 363 c) Securing accountability, 364 Which Future for the European Council? 366 v. conclusions 368 Epilogue 375 Substantive Changes 376 a) Composition of the Commission and appointment of its president, 376 b) Redefining qualified majority voting, and some other changes 379 The Search for a New President of the Commission and the Appointment of a New Commission 381 The Union in the Wider World 385 Index 389
Library of Congress Subject Headings for this publication:
Europe -- Politics and government -- 21st century.