The democratic legitimacy of codecision

Abstract

This contribution develops a framework for evaluating the legitimacy of codecision. It uses democratic theory to clarify the role of legislative procedures in securing the legitimacy of political systems. It shows how that role requires public control with political equality and public justification. It uses that standard to show how legislative agenda-setting, Council voting weights, European Parliament elections and seat apportionments, national parliamentary scrutiny, justificatory practices, and control of judicial and administrative rule-making all affect the legitimacy of codecision. Overall the contribution concludes that the legitimacy of codecision is part of a predicament that can only be managed, not solved.

Keywords:

• Codecision
• democratic theory
• legislation
• legitimacy

ACKNOWLEDGEMENTS

Thanks to the editors, and especially Christine Reh, for their enthusiastic support. I would also like to thank two anonymous referees, as well all my colleagues at ARENA.