Discontinuity: Another Source of the EU's Democratic Deficit?

Abstract

This study evaluates discontinuity induced by the two-stage law-making process of EU directives, which is discussed in the jurisprudential literature as another source of democratic deficit. Directives must be transposed into national law, but lengthy deadlines raise normative questions about the extent to which governments of today can politically and reliably commit domestic majorities of tomorrow. The potential for discontinuity is analysed using transposition data in 15 member states and preference indicators over the last 20 years. The findings reveal that parliaments are largely excluded from this process and that the preferences of the previous and the newly elected representatives often differ considerably, particularly in countries where public support for European integration has declined in recent years.