"Citizen and State Equality in a Supranational Political Community: Degressive Proportionality and the Pouvoir Constituant Mixte"
(Journal of Common Market Studies, forthcoming 2017)
In the European Parliament seats are distributed according to a principle of degressive proportionality that privileges smaller member states. While serving the principle of state equality, this arrangement seems to violate the principle of citizen equality. In this article, I consider whether a deviation from the equal representation of citizens can be justified in the context of a supranational political community. The main thesis is that the conflict between citizen and state equality can be dissolved if we understand the European Union as based on a pouvoir constituant mixte. Today, each European finds herself in a dual role as an EU citizen and a state citizen. While the member state peoples strive for supranational democracy, they have an interest in preserving their domestic structures of self-government. Thus, the rules of representation in the EP can be reconstructed as an expression of the legitimate will of a dual constituent subject.
The text is a revised version of an article published in the German journal "Der Staat" in 2014:
”Zur Prinzipienkonkurrenz von Bürgergleichheit und Staatengleichheit im supranationalen Gemeinwesen. Eine Notiz aus Anlass der Frage nach der Legitimität der ungleichen Repräsentation der Bürger im Europäischen Parlament”, Der Staat vol. 53, no. 2 (2014), pp. 167-192.
See also Jürgen Habermas's papers on
* "Democracy in Europe" (2014)
* "The Crisis of the European Union in the Light of a Constitutionalization of International Law" (2012)