Parties in democratic national assemblies: comparative assessment of parliaments note

This paper argues that the analysis of democratic national assemblies is not only impossible without discussing political parties, but also incomprehensible without recognizing parties as the most significant organizations within them. Parties have structured political groupings and demands on government even before assemblies were democratically elected. And although parties may be in decline as institutions mediating between society and government in the current era, they remain significant as organizing forces within government. The paper first explains the origins of party organizations within parliaments by exploring why individual members and the assemblies taken as a whole need parties: what are their costs and benefits? It then describes the manner in which party organizations operate in different national assembly chambers. The third section analyses types and sources of party influence, including the role played by party leaders in manipulating legislative agendas, structuring Members’ policy choices and shaping policy outcomes. The final section reviews how politi- cal scientists have sought to explain intra-party cohesion and discipline across different national assemblies.

A ‘right to have rights’ in the EU public sphere? An Arendtian justification for the application of the EU Charter of Fundamental Rights

This paper discusses the Court’s reasoning in interpreting the EU Charter, using recent case law on horizontal effect as a case study. It identifies two possible means of interpreting the provisions of the Charter: firstly, an approach based on common values (e.g. equality or solidarity) and, secondly, an approach based on access to the public sphere. It argues in favour of the latter. Whereas an approach based on common values is more consonant with the development of the case law so far, it is conceptually problematic: it involves subjective assessments of the importance and degree of ‘sharedness’ of the value in question, which can undermine the equal constitutional status of different Charter provisions. Furthermore, it marginalises the Charter’s overall politically constructional character, which distinguishes it from other sources of rights protection listed in Art 6 TEU. The paper argues that, as the Charter’s provisions concretise the notion of political status in the EU, they have a primarily constitutional, rather than ethical, basis. Interpreting the Charter based on the very commitment to a process of sharing, drawing on Hannah Arendt’s idea of the ‘right to have rights’ (a right to access a political community on equal terms), is therefore preferable. This approach retains the pluralistic, post-national fabric of the EU polity, as it accommodates multiple narratives about its underlying values, while also having an inclusionary impact on previously underrepresented groups (e.g. non-market-active citizens or the sans-papiers) by recognising their equal political disposition.