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Finally, Chapter 6 reads the main findings about trilogues in the light of the democratic principles set out in the Treaties. In particular, the chapter argues that trilogues offer an important democratic contribution because they put compromise at the very heart of the European legislative process. Compromise, through its practice of mutual concessions, is arguably the best means to approximate two constitutional requirements: equality and representation – or, better put, the aspiration to democratic equality in a system of representative institutions. Furthermore, the chapter argues that the existence and prevalence of trilogues reveal the EU’s structural closeness to those polities that belong to the model of “negotiation democracy.” This model was developed by Gerhard Lehmbruch with special reference to Germany, Austria, and Switzerland. The chapter argues that Lehmbruch’s model provides a fruitful basis for comparative research and a solid foundation for understanding the EU.
The events of the last ten years have shaken the “permissive consensus” that kept the European integration process going for many years. 'Output democracy', as based on decisions presumably meeting the needs of the citizens, is no longer enough to obtain public support. Never before has a process-oriented approach to European democracy been more urgent. This book aims to address this urgency, by providing an account of the European legislative process that is less conventional and does justice to the democratic potential inherent in trilogues. In particular, this book provides: a comprehensive reconstruction of the workings of trilogues, relying on internal documents collected through a series of access to documents requests; gives meaning to the legal notion of informality, understood as one of the most defining, although elusive, features of trilogues; squares the practice of trilogues with the European democratic order of the Treaties, showing that such a practice is compatible with a model of 'negotiation democracy'.
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