For years the European project has struggled with the idea that there is a democratic deficit a it’s heart. From the outset I must say I don’t go along with this and I think it’s yet another example of those who favour European integration conceding far to much in debate to those who do not. The EU has the only existing multi-national directly elected parliament in the world and moreover it functions primarily along party rather than national lines. Fortunately those who argued it lacked any real power know that argument has been simply redundant for many years.

To cut a long story short I tend to go along with the German Constitutional court, anyone who expects a replica of a nation state’s democracy in the EU will be inevitably disappointed but anyone comparing it to other international organisations will be overwhelmed. The institutional balance between the European interest (Commission), Member State (Council) and Citizen (Parliament) is central to how Europe works.

Anyhow politics being what it is the Convention which drafted much of Lisbon and it’s precursor put a lot of work into addressing the perceived democratic deficit and much of the result can be seen in the new title two of the Treaty of European Union

Article 9 is a basic statement of citizenship and equality indicating that European citizenship which has existed since Maastricht is additional to national citizenship

Article 10 set’s out clearly the EU’s commitment to representative democracy and how the institutions represent citizens

Article 11 commits the Commission to consulting civil society and introduces the citizens initiative where one million citizens can petition the Commission, a new concept in the EU

Article 12 sets out the role of national parliaments. This was an area which received a lot of attention from the Convention as it was seen to be a major element in addressing the perceived democratic deficit and in reconnecting the EU with it’s citizens. This is further added to in different roles in different policy areas and with a specific protocol on National Parliaments

Most of the provisions of this Title are new

Title III: Institutions

Article 13 serves to outline directly and simply the different institutions of the EU and that they can only act within the powers conferred on them

Article 14 sets out a basic description of the Parliament and it’s role and function

Article 15 sets out the role and function of the European Council (heads of state and Government) including the new provision for a more permanent president

Article 16 sets out the role and function of the Council of Ministers including the new QMV regime worth quoting in full

“As from 1 November 2014, a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the Union.

A blocking minority must include at least four Council members, failing which

the qualified majority shall be deemed attained.

The other arrangements governing the qualified majority are laid down in Article

205(2) of the Treaty on the Functioning of the European Union.”

This provision has given rise to key claims by the no side in the campaign, however like many of the so called “complex” aspects of the Treaty the wording is relatively straightforward. This whole area will be the subject of another entry but for now some basic points should be noted. There are two (well technically three) aspects to QMV, not one. Anybody concentrating on one only is fibbing. The Convention was asked to simplify this area and simplify it did. The previous system was apples and this is oranges so it is practically impossible to compare them…as I say more anon.

Article 17 covers the role and function of the Commission, including it’s president and the way it is selected (notably allowing for a reversion to one Commissioner per member state as decided at the June Brussels Summit

Article 18 provides for the new High Representative on Foreign Policy, this position is already provided for however the Treaty makes some changes principally the idea of “double hatting” i.e. the High Representative will be a member of both Council and Commission effectively becoming the EU’s chief diplomat. This brings together what are currently disparate areas such as intergovernmental decisions on foreign policy and aid policy for example.

Article 19 sets out the role and function of the European Court of Justice

Again much of this text is new