Journal of the Charles University Law Faculty
Florián Doležal
Author’s affiliation:
Faculty of Law, Charles University in Prague
Democratic legitimacy of ordinary revision procedure under Article 48 TEU in the light of Member States' constitutions
Jurisprudence 1/2022 Section: Articles Page: 26-35
Keywords: democratic legitimacy, ordinary revision procedure, primary law, EU law, Member States
Abstract: The aim of this article is a detailed analysis of the democratic legitimacy of ordinary revision procedure (ORP) under Article 48 TEU in connection with the relevant constitutional rules of the Member States and a solid basis for possible democratic reform. First, the article deals with ORP in general and, in particular, with the relationship of its regulation to other provisions of primary law, its scope, possible legal consequences, basic structure, and actors. In the following chapters, it discusses the stages of ORP, always in conjunction with national rules for similar cases. It concludes that the presence of the European Council and an intergovernmental conference is crucial for the democratic legitimacy of ORP, and that a comparison of the democratic legitimacy of ORP and similar processes at national level works better for the constitutional regulations of most Member States, and the possibility of greater involvement of EU citizens through the reform of the European Citizens' Initiative is outlined.
