
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
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
Media mentions
Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.
Media mentions
Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.
Video
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
Media mentions
Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.
Media mentions
Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.
Video
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

