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Democratising the separation of powers in EU government: The case for presidentialism
Author(s) -
Sonnicksen Jared
Publication year - 2017
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12264
Subject(s) - polity , presidential system , separation of powers , political science , government (linguistics) , democratization , politics , democracy , typology , public administration , law and economics , political economy , sociology , law , philosophy , linguistics , anthropology
Abstract The EU, while not a state, can be conceived as a mixed or compound political system. Capturing its character of separation of powers has implications for understanding what the EU polity is, but also should be, not least from a democratic standpoint. Hence, the article addresses the EU as system of government in order to identify one appropriate path of democratisation. It first revisits separation of powers and the typology of parliamentary and presidential government to delineate criteria for categorising horizontal (i.e. between branches) division‐of‐powers arrangements. To this end, it elaborates in particular the criteria proposed by Steffani which allow for a more parsimonious differentiation between types of governments. Subsequently, the EU polity (e.g. its structure and functioning of separation of powers and “checks and balances”) is assessed regarding its conformity to a government type. Finally, I discuss implications for identifying a more certain point of reference for an approach to democratise EU government that is not only institutionally compatible, but also ‘demos enabling’.