1The European Union's Institutions, Identity, and Values
I. THE EUROPEAN UNION IN A NUTSHELL
Three Pillars under One Roof
EU Institutions and Their Competences under the Three Pillars
b) The second and third pillars
Differences in Levels of Integration: A Europe "à la Carte
II. A EUROPEAN "BODY POLITIC" AND IDENTITY
The European Union: A Political Entity or a State
a) The Union is not a state
b) The Union: A "body politic" in search of democracy
c) "Nation-state": A concept inadequate to define the Union's polity
European Public Space and Public Opinion
a) Is there a European public space
b) European identity in historical perspective
c) European identity now and in the future
III. EUROPEAN CONSTITUTIONALISM
European Union Values and Objectives
Typically European Values and Objectives
2Accountable Government i. accountability of executive government
Comparing Executive Accountability Regimes
Learning Accountability from Scandals
a) Open government in Sweden—at the expense of responsible journalism
b) Criminal prosecution in France—playing it rough
c) Tribunals of Inquiry in the U.K.—playing it softly
d) Ministerial responsibility in Germany—in accordance with the rules of the Basic Law
e) Ministerial accountability for civil servants—Primacy of politics in the Netherlands and Belgium
II. POLITICAL ACCOUNTABILITY OF EU COMMISSIONERS
The Content of Accountability and Political Responsibility
a) The principle of accountability and political responsibility in Community law
b) Commissioners' accountability and political responsibility for civil servants
c) Learning from the Member States
d) Accountability under the second and third pillars
The Special Case of Administrative Agencies
b) Executive or implementing agencies
I. RULE OF LAW, RECHTSSTAAT, AND JUDICIAL REVIEW
II. SUBMISSION OF PUBLIC AUTHORITIES TO COMMUNITY LAW
Judicial Review by Community and National Courts
a) Judicial review by Community courts
b) Judicial review by national courts in cooperation with Community courts
The Community Governed by the Rule of Law, but Not (Yet) the Whole Union
III. RESPECT FOR BASIC RIGHTS AND FUNDAMENTAL FREEDOMS
Protection of Basic Rights and Fundamental Freedoms in the
Protection of Basic Rights and Fundamental Freedoms in the United States
Judicial Scrutiny in Concrete Cases
IV. PROVIDING LEGAL CERTAINTY
The Need for a Clear Legal Basis
a) The principles of conferral, subsidiarity, and proportionality
b) Community jurisdiction regarding interstate trade, in comparison with the United States interstate commerce clause
c) Legal basis, legal certainty, and judicial activism
I. INTEGRITY AND EFFICIENCY
Encouraging Ethical Behavior
Ensuring Efficiency and Effectiveness
a) "Input" and "output" legitimacy of the budgetary and accounting process
b) New modes of governance
II. EQUALITY IN LAW AND AFFIRMATIVE ACTION
Equal Protection in the European Union and the United States
Affirmative Action Correcting Race and Gender Discrimination
III. SOCIAL JUSTICE AND THE WELFARE STATE
A Citizenship of Lonely Rights Bearers
Different Conceptions of the Welfare State
a) Health care in the United States and the European Union
b) The impact of EU internal market freedoms on Member State health care systems
The Union's Social Policy and Social Citizenship
a) Community supportive action in the sphere of social policy: Social exclusion as an example
b) From market citizenship to political and social citizenship, 200 c) From citizen to resident rights
Republicanism Correcting Individualism
Five Conceptions of Responsibility in Complex Organizations
The Civic Dimension of Whistle-blowing
a) Whistle-blowing (and civil disobedience) in the European Union and in the United States
b) Dealing with whistle-blowing properly
II. FREE ACCESS TO PUBLIC DOCUMENTS
Conflicting Views on How Much Free Access
Freedom of Information in the United States
III. C IVIL SOCIETY, PUBLIC OPINION, AND CITIZEN PARTICIPATION
The Importance of Civil and Civic Society
Citizen Access to the Political Process
a) Elections and political parties in the EU
b) Citizen access through other means
A Vibrant Public Opinion on European Integration
IV. FREEDOM OF THE PRESS: A MARKETPLACE FOR IDEAS
a) Freedom of the press under the European Convention of Human Rights (ECHR
b) Freedom of the press in the United States
c) Comparing ECtHR case law with case law of the U.S. Supreme Court
6Making a Constitution for Europe
i. constitution making in the european union
a) The proceedings of the Convention
b) Name and contents of the draft Constitution
II. COMPETENCES AND PROCEDURES IN THE DRAFT
The Union on a Continuum between Intergovernmentalism and
Distribution of Power in the Draft Constitution
a) Principles governing the exercise of competences
b) Categories of competences and policies
c) No major changes but some unanswered questions
Legal Instruments, Legislative Procedures, and Voting Requirements
a) Legal instruments defined
b) Legislative procedures
c) Qualified majority voting
III. THE INSTITUTIONS' DEMOCRATIC LEGITIMACY
The Union's Single Institutional Framework
a) Substantive functions and balance of power
b) Democratic legitimacy and the rule of law
Some Controversial Solutions
b) The composition of the Council of Ministers
c) The Union's foreign minister
IV. ISSUES STILL IN NEED OF A SATISFACTORY SOLUTION
The Procedure for Amending the Constitutional Treaty
7Which Form of Government for Europe i. forms of government: a comparative overview
The British Parliamentary and American Presidential Systems
The French and German Variants of Presidential and Parliamentary
II. PURE AND MIXED FORMS OF PRESIDENTIAL AND PARLIAMENTARY GOVERNMENT: AN ASSESSMENT
Presidentialism versus Parliamentarism
a) "The Failure of Presidential Democracy
b) The transformation of "pure" parliamentarism into a mixed form of government
Majoritarian versus Consensus Democracies; Plurality versus
Proportional Electoral Systems
a) Majoritarian versus consensus democracies
b) Plurality versus proportional electoral systems
III. TWO SPECIFIC ISSUES: BICAMERALISM AND POLITICAL PARTIES
The Significance of Bicameralism
a) Bicameralism from a European Union perspective
b) Bicameralism in a federal state: Germany
The Importance of Political Parties
a) The role of political parties in the Member States
b) Political parties in the European Union
IV. A DEMOCRATIC FORM OF GOVERNMENT FOR THE EUROPEAN UNION
Not a Presidential but a Strong Parliamentary System
a) Neither a pure nor a semi-presidential system
b) A consensus democracy with a strong executive
c) The Union's democratic deficit
Improving the Commission's Accountability
Adapting the Role of Euro-Parties
b) Strengthening party identities
c) Changing the focus of Euro-parties
d) Taking the risk of enhanced democratic legitimacy
Constructing Accountability in the Council of Ministers
a) The Council: One of two parliamentary houses (or chambers
b) Striking balances in the common interest, 363 c) Securing accountability
Which Future for the European Council
a) Composition of the Commission and appointment of its president
b) Redefining qualified majority voting, and some other changes
The Search for a New President of the Commission and the Appointment of a New Commission
The Union in the Wider World
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