
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
By: Gemma Hyslop
On 4 March, we posted the first of a three part blog series on the theme of the EU referendum, considering the main arguments being put forward by the campaigns for and against the UK’s continued membership in the EU, in light of the referendum that shall take place on 23 June.
The first blog addressed economy and trade whilst this post shall focus on the idea of the democratic deficit in Europe. The third and final piece shall consider immigration. The term ‘democratic deficit’ is used in the context of the EU to express the notion that the EU and its governance model lacks democratic legitimacy.
The term was first employed in reference to the transfer of legislative powers from the domestic Member State governments to EU institutions, which were given the authority to make supranational decisions on a range of policy areas.
This criticism in part spurred the formation of an elected European Parliament which exercises legislative power on behalf of EU constituents.
However, many commentators maintain that the opaque and complex nature of governance within the EU creates an aura of inaccessibility to citizens which perpetuates the perception of democratic deficit.
This perception may account for the mere 36% of the UK electorate that participated in the 2014 European elections, in contrast to the average Member State turnout of 42%.
Furthermore, as the European Parliament (the only directly elected EU institution) arguably holds the least power amongst the EU law-making institutions, the EU is often perceived as deficient in democracy.
Nevertheless, a prime example raised by those who assert the idea of the EU’s democratic legitimacy is the right of every adult national of the EU to participate in European elections.
Those supporters also assert that the nature of the division of labour between the EU and its Member States, where commonly delegated functions are allocated to the EU, whilst those which require direct political participation remain largely national simply perpetuate the impression that the EU wields more power than it, in fact, has.
In addition, the indirect democracy of national parliament influence and the increasing powers of the European Parliament following the Lisbon Treaty can be perceived as effective in ensuring that EU policy making is both transparent and responsive to the demands of its citizens, therefore democratic.
We can only speculate as to how much leaving the EU would reduce its effects (undemocratic or otherwise) on the UK as this would depend entirely on the nature of the relationship that the UK forged after its departure.
Learn more about Gemma Hyslop and our London office.
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen
Blog post
Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse
Media mentions
Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.
Awards
China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.
Awards
Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.
Media mentions
Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.
Blog post
Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse
Media mentions
Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.
Awards
China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.
Awards
Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.
Blog post
Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.
Fragomen news
Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.
Awards
Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.
Blog post
In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.
Blog post
UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.
Media mentions
Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

