Chapter

The EU and Constitutional Democracy in New Member States

Wojciech Sadurski

in Constitutionalism and the Enlargement of Europe

Published in print July 2012 | ISBN: 9780199696789
Published online September 2012 | e-ISBN: 9780191741722 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696789.003.0005
The EU and Constitutional Democracy in New Member States

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This chapter, following on from the discussion of the supremacy of EU law, raises the question of whether the EU has successfully promoted democracy in Central and Eastern European states by thinking about the effect on candidate states, and subsequently, new Member States. The political conditionality attached to membership was generally most effective when it could rely on a relatively coherent and detailed set of norms backed up by the practice of older Member States and the EU as a whole. The credibility of these norms relied on whether they were seen as ‘targeted’ specifically at the candidate states. Overall, it was the interaction between the ‘external’ factors, such as EU conditionality and the domestic patterns of incentive, which explained the degree of effectiveness of political conditionality before accession and positive and negative incentives after accession. This proposition is tested by focusing on four case studies in CEE states: parliament-government interactions, decentralization, minority rights, and the institution of offices of Ombudsman.

Keywords: EU law; political conditionality; EU enlargement; Central and Eastern Europe; democracy; parliaments; regionalization; minority rights; Ombudsman

Chapter.  27407 words. 

Subjects: EU Law

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