{"title":"The Promise and Perils of Direct Democracy for the European Union","authors":"Fernando Mendez, Mario A. Mendez","doi":"10.1017/cel.2017.7","DOIUrl":null,"url":null,"abstract":"Abstract Direct democracy exhibits both promise and peril for the EU. The referendum has been deployed by Member States in a way that has shaped and will continue to shape the EU’s geographical boundaries, its constitutional evolution, and salient EU policy matters. The referendum’s promise is to accord a high degree of legitimacy to a political decision, but that promise varies across different types of EU referendum. Their peril for the EU has become increasingly apparent as they have proliferated in number and type and with a growing failure rate. In contrast, the European Citizens’ Initiative is intended to harness the promise of direct democracy for the EU. But current practice raises the question of whether the failure to satisfy the ambitions placed on this novel instrument could, paradoxically, become a source of peril. Contrary to an increasingly pessimistic narrative, it is concluded that practice under the ECI exhibits promise and that the future of this instruments appears bright.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"19 1","pages":"48 - 85"},"PeriodicalIF":0.0000,"publicationDate":"2017-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cel.2017.7","citationCount":"9","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Cambridge Yearbook of European Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/cel.2017.7","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 9
Abstract
Abstract Direct democracy exhibits both promise and peril for the EU. The referendum has been deployed by Member States in a way that has shaped and will continue to shape the EU’s geographical boundaries, its constitutional evolution, and salient EU policy matters. The referendum’s promise is to accord a high degree of legitimacy to a political decision, but that promise varies across different types of EU referendum. Their peril for the EU has become increasingly apparent as they have proliferated in number and type and with a growing failure rate. In contrast, the European Citizens’ Initiative is intended to harness the promise of direct democracy for the EU. But current practice raises the question of whether the failure to satisfy the ambitions placed on this novel instrument could, paradoxically, become a source of peril. Contrary to an increasingly pessimistic narrative, it is concluded that practice under the ECI exhibits promise and that the future of this instruments appears bright.
期刊介绍:
The Cambridge Yearbook of European Legal Studies (CYELS) offers authors and readers a space for sustained reflection and conversation about the challenges facing Europe and the diverse legal contexts in which those challenges are addressed. It identifies European Legal Studies as a broad field of legal enquiry encompassing not only European Union law but also the law emanating from the Council of Europe; comparative European public and private law; and national law in its interaction with European legal sources. The Yearbook is a publication of the Centre for European Legal Studies, Faculty of Law, University of Cambridge.