EU Law

Law-making is perhaps the most important function in a democracy. Laws regulate the content of products as well as behaviour and relationships of both the state and individuals. However, as important as the rules themselves is that they are followed. It is not just the rules themselves that are important but how they are made, for this secures their credibility. Laws need to be fair, clear and comprehensible and in addition made according to procedures that are seen to be legitimate. Legitimate procedures must underpin rule-making if laws are to be considered credible by the populace who must follow them. This chapter will explore the typology of laws made in the EU and the procedures by which they are made. The chapter begins with an exploration of the law-making procedures themselves, looking at the different procedures for legislative and non-legislative measures. It then sets these within the regulatory environment of the EU to discuss the democratic deficit and a potential alternative. Finally, it analyses the EU law-making environment from the perspective of Lani Guinier’s concept of an ‘electocracy’ – when viewed through this lens, does the EU look more legitimate?