Democratic Legitimacy and the Administrative Character of Supranationalism: The Example of the European Community

Abstract

This Article argues, from the standpoint of democratic legitimacy, that supranational institutions are best understood as administrative in character, and then explores the implications of this argument by looking at the European Community. The author concludes that the Community's demo? cratic deficit flows primarily from an inability to establish democracticallylegitimate hierarchical supervision over supranational technocrats?a prob? lem bound up with the historical relationship between demos, democracy and national political institutions as cultural symbols of popular sover? eignty. The author examines aspects of Community law designed to maintain forms of national control, as well as two alternative strategies?democratization through the European Parliament, and non-hierarchical legitimation through transparency and participation rights in the Commu? nity regulatory process. Finding these strategies ultimately inadequate, in themselves, to the needs of democratic legitimation, the author turns to judicial review, criti-