EU construction — страница 6

applied by some institution, such as a European Court, then parties disagree about the scope of heir powers. This in turn, however, involves considering the general centralising tendency of EU institutions, including the European Court of Justice (Mancini 1991).   The third, and perhaps most fundamental, issue is that a proper application of the principle of subsidiarity requires us to be clear on the legitimate significance of states and of the powers of the European commission is due in part to disagreement on this issue. The objectives of the EU are hotly contested, and this has an impact on what powers it should enjoy.   Deliberation about institutional changes is needed to ensure the efficiency of the European institutions after enlargement. However, since, in the

absence of objectives, talk of efficiency becomes meaningless, deliberation about institutional change cannot be separated from the question of objectives. To illustrate: the reflection group has no qualms about maintaining the powers of the Commission. The Commission is said to work most effectively when it can mix legislation, enforcement and bargaining in furtherance of the goals of the EU. Yet, the mix of bargaining both about and within legal frameworks clearly constitutes an avoidable threat of abuse of power.     Ch.4   Between representation and constitutionalism in the European Union   Deliberation about institutional changes is needed to ensure the efficiency of the European institutions after enlargement. However since, in the absence of

objectives, talk of efficiency becomes meaningless, deliberation about institutional change cannot be separated from the question of objectives. To illustrate: the Reflection Group has no qualms about maintaining the powers of the Commission. The Commission is said to work most effectively when it can mix legislation, enforcement and bargaining in furtherance of the goals of the EU. Yet, the mix of bargaining both about and within legal frameworks clearly constitutes an avoidable threat of abuse of power.   The risk is even more pronounced with uncertainty and disagreement about the aims of the EU. This disagreement makes claims of efficiency controversial if not obfuscating. If EU institutions focus exclusively on market efficiency, leaving the distributive tasks solely to

member states, the transfer of powers to European institutions might then leave states unable to fulfill the legitimate claims of citizens. Alternatively, the EU may have to assist states, by providing regional transfers aimed at distributive justice among citizens of different. The extent of any such distributive commitment is contested, and normative theory is urgently needed. EU documents talk of convergence of living standard and solidarity, but these terms must be specified: is the aim only to eradicate dire poverty, or also to go beyond that baseline, towards equal living conditions for all Europeans? Any such moves transfer formerly internal issues of domestic policies of states towards centralised institutions, leaving national governments with less leeway in the field of

social policy. Some will argue that these obligations cannot be adequately secured by emasculated nation states.   A better understanding of the legitimate aims of the EU is thus crucial for making headway on the issues of legitimacy and democratic mechanisms, both practical and philosophical. As long as the explicit aim of the EU was economic, increased efficiency was easily interpreted as Pareto-improvements within a utilitarian setting. The task of the EU was previously predominantly to secure peace and stability through free markets, leaving matters of distribution and authority aside, in accordance with standard economic theory. The EU now has much broader political aspirations. Its objectives, criteria of efficiency, and the role of majoritarian mechanisms must be

reconsidered accordingly. The choice of means becomes more important as economic benefit is supplemented by other political goals. Transparency and the rule of law, majority rule, distributive justice, and human rights all become central issues. They cannot be regarded merely as ideas to be pursued on a par with economic efficiency, but are conditions of justice if the EU indeed is to become and appear legitimate.   The EU is a multi-level political system which is characterized by relations of asymmetry not just between a suprastatal legal development and the lack of any corresponding democratic accountability, but between positive and negative integration as well. It is these two mutually reinforcing asymmetries which are conceptually central here, and which are featured