
Countries / Territories
- 🌐
Related contacts
Related contacts
Related contacts
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 contacts
Related contacts
Explore more at Fragomen
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.
Work authorization
Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.
Media mentions
In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.
Work authorization
Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.
Media mentions
In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

