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proposal complies with the principle of subsidiarity . . . and that a

withdrawal or an amendment of that proposal is not required

(European Commission, 2013b: 13), the Commission went on to

press ahead with the EPPO proposal with enhanced cooperation in

mind. This reaction came


a very public statement by Dutch

Foreign Minister Frans Timmermans in the newspaper



that “if one-third of national parliaments raise subsidiarity

objections to a legislative proposal (the yellow card procedure), the

commission should not just reconsider, it should use its discretion

to take the disputed proposal off the table, turning the yellow card

into a red” (Timmermans, 2013). Unhindered by the “early warning,”

the proposal is currently before the Council and under consideration

by Member States (Council of the European Union, 2014).

VI. Conclusion

The demise of the permissive consensus heralded the

emergence of an ever growing number of visions of democracy for

Europe: Representative, regulatory, deliberative, cosmopolitan,

rights-based, etc. Alongside the development of these competing

and often incompatible models of European democracy are the

recurrent treaty reforms incorporating elements of different

models of democratic governance, making the Union a true

hodgepodge. It would be unrealistic to expect the Europeans to

ever agree upon one model of European democracy and adopt that

model via a treaty. The Treaty of Lisbon, even though explicitly

mandated to straighten out the democracy issue, is not an

exception. As a result, to assess the democratic implications of the

treaty, one can only adhere to somewhat fragmented criteria for

democracy. Stressing that the democratic deficit must be

understood from a perspective that takes into account the effects of

altered inter-institutional dynamics resulted from treaty reforms

and taking the contradiction between the reality and the belief that

double-representation will result in better representation as the