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

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