유럽연합의 민주주의 결여 극복 노력의 함의

European Union's effort to overcome Democratic Deficit

Ostensibly, as European Union is not possessed of it own territory and people, it is difficult to say that the Union has the sovereignty of its own. Even though it is announced that European Union is possessed of sovereignty in Costa v. ENEL, the transfer of sovereignty declared on the case is just based on a limitation of sovereignty or a transfer of powers. Furthermore the transfer of sovereignty is possibile on the premise of the consent of Member States in European Union. Thus it should be noted that European Union is not possessed of its own initiative in proceeding the integration of European Union. Of course European Union is to be evaluated as the sui generis entity on the ground that it obtains various characteristics in integration such as its own legal order, de facto power of separation, the system of judicial review and the concept of Citizenship etc. Nonetheless European Union has a great deal of difficulties in its own integration considering the opinion of German federal constitutional court(Budesverfassungsgerichtbarkeit) that the Member States are the authentic Masters of Treaties(Herren der Verträge) rather that the European Union. In spite of these difficulties in integration, European Union has not forsaken the purpose and willingness for integration especially considering its trial for the Treaty for European Union establishing Constitution. Even though the trial was failed, European Union has not still abandoned the purpose and willingness for integration with a focus of the power of European Parliament. In other words European Union has reinforced the power(legislative power) of European Parliament from its outset. And European Union has tried to enhance the power of European Parliament at Lisbon Treaty such as co-decision procedure(TFEU Article 289, Article 294), election of the President of the Commission(Article 17), the power of regulation(Article 290) and the power of budget(TFEU Article 314) etc. Taking into consideration of those aspects concerning the power of European Parliament, it is postulated that European Union tried to reinforce its own democratic legitimacy. Thus we can conclude that European Union has managed to overcome its democratic deficit and to secure its position for integration by reinforcing the power and status of European Parliament.