A large body of European Union (EU) law -EU administrative law -is not made by the EU's democratically elected bodies, the Council of Ministers and the European Parliament (EP). Instead, most administrative laws are made by the unelected European Commission. That, of itself, does not mean that the EU is insufficiently democratic: most democracies delegate the power to make administrative laws to unelected regulators. In those democracies, however, elected legislatures can at least change administrative laws after they are promulgated. This article contends that the EU is different: the Council and EP are effectively unable to change administrative laws. This article identifies 'design flaws' in the EU's lawmaking processes that are responsible for this democratic shortcoming. It then surveys relevant provisions of the new Lisbon Treaty in order to determine whether Lisbon will remedy that shortcoming: whether it will empower the Council and EP -or citizens directly -to change administrative laws.
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