Critical Reflections on Constitutional Democracy in the European Union

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Table of Contents:
1. Critical Reflections on Constitutional Democracy in the European Union and its Member States Sacha Garben, Inge Govaere and Paul Nemitz PART I CRITICAL REFLECTIONS ON THE CURRENT STATE OF CONSTITUTIONAL DEMOCRACY IN THE EU AND BEYOND Section 1: Autocracy, Populism and Brexit 2. The Rise of Populism and the Malaise of Democracy Cesare Pinelli 3. The ‘Democratic Deficits’ of the US and the EU Compared R Daniel Kelemen 4. Constitutional Overload in a Constitutional Democracy: The UK and the Brexit Process Michael Gordon Section 2: Constitutionalism in the EU 5. EU Fundamental Rights Legislation: The Constitutional Imbroglio Elise Muir 6. The Value of Constitutionalism in the European Union Armin Hatje Section 3: Constitutional Democracy in the Eurozone 7. Is There a Deficit of Th roughput Legitimacy in the EU? Vivien A Schmidt 8. Accountability Through Self-Governance in EU Economic Governance Ana Bobic 9. ‘Where the Law Runs Out’: The Overburdening of Law and Constitutional Adjudication by the Financial Crisis and Europe’s New Modes of Economic Governance Christian Joerges PART II AN INSTITUTIONAL PERSPECTIVE ON EU CONSTITUTIONAL DEMOCRACY 10. The Double Legitimacy and Multiple Accountability of the European Commission: Some Reflections on its Constitutional Democratic Role Ben Smulders 11. The Accidental Democracy: A European Model María José Martínez Iglesias 12. Democratic Participation and Transparency of the EU Council Leo Hoff mann-Axthelm 13. The Role of the Court of Justice in the Legitimation of the EU’s Action: The Transparency Principle Example5 Georges Vallindas 14. Transparency and Accountability of EU Decentralised Agencies and Agencification in Light of the Common Approach on EU Decentralised Agencies Merijn Chamon 15. From Deparliamentarisation to a Parliamentary Renaissance? National Parliaments in the EU Polity Adam Cygan 16. Disruptive Democracy: Keeping EU Citizens in a Box Päivi Leino PART III EU CONSTITUTIONAL DEMOCRACY: PISTES DE REFLECTION FOR THE FUTURE 17. Beyond Rhetoric: Education for Democratic Citizenship in the European Union Kris Grimonprez 18. Strengthening Democracy in Europe and its Resilience Against Autocracy: Daring More Democracy and a European Democracy Charter Paul Nemitz and Frithjof Ehm 19. The Principle of Legality and the EU’s Legitimacy as a Constitutional Democracy: A Research Agenda Sacha Garben