the myth of check and balance

• The unaccountable Commission
  The European Commission is a huge, unelected, bureaucratic body that possesses the monopoly in proposing EU laws. Although it is supposed to represent the general interest of the EU, two main critics may be formulated: First, there is no control whatsoever on whether it does act for the general interest of the EU. Second, it is constantly submitted to the pressure of thousands of lobbies representing private interests. Thus we can reasonnably assume that the laws proposed by the Commission do NOT represent the general interest.
• The undemocratic Council of Ministers
  Since the Treaty of Nice signed in 2001, the biggest States have been holding a greater voting power compared to the smaller States. The Constitution even proposes to set up a double majority system which would include a simple majority from the member States as long as they represent at least 60% of the European population. It means that 13 States could make laws for 12 States who disagree if they gather 60% of the population. What sovereignty would be left to the small States?
• The weak European Parliament
  The Parliament is undemocratic because it has no real power. It has no right to propose EU laws and, according to the co-decision procedure (which is supposed to be THE democratic tool of the EU) it can only amend laws in accordance with the Council. If an agreement is not reached between the two institutions, the law is then rejected.
• The Court of Justice
  Under the terms of the Treaty, the Court of Justice of the European Union has the final say in interpreting the Treaties and the laws. It requires States to take « any necessary measure » to comply with its judgements and can discretionary impose penalty payments if a State does not fully comply with its ruling. Practically, the Court of Justice is one of the most important body that pushes the integrationism forward.

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