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Chapter 2 presents the current institutional framework, with a special focus on the exercise of the legislative function. After a brief presentation of the most relevant institutional principles, notably those of effectiveness, institutional balance, and sincere cooperation, the chapter turns to the Parliament, the Council, and the Commission and explains their prerogatives and internal structures in the light of the concept of “executive federalism.” The chapter shows that the legislative institutions of the EU, in line with the principles of autonomy and internal differentiation, allocate important preparatory tasks to different internal bodies (that is, parliamentary committees, Coreper, and GRI) and analyzes the role of those bodies in the adoption of legislation.
The events of the last ten years have shaken the “permissive consensus” that kept the European integration process going for many years. 'Output democracy', as based on decisions presumably meeting the needs of the citizens, is no longer enough to obtain public support. Never before has a process-oriented approach to European democracy been more urgent. This book aims to address this urgency, by providing an account of the European legislative process that is less conventional and does justice to the democratic potential inherent in trilogues. In particular, this book provides: a comprehensive reconstruction of the workings of trilogues, relying on internal documents collected through a series of access to documents requests; gives meaning to the legal notion of informality, understood as one of the most defining, although elusive, features of trilogues; squares the practice of trilogues with the European democratic order of the Treaties, showing that such a practice is compatible with a model of 'negotiation democracy'.
Is there an alternative to EU dual decision-making regimes? The chapter advances the alternative model of federal union as distinct from the federal state.
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