De-constitutionalization and majority rule: A democratic vision for Europe

European integration has come to constrain the capacity for democratic political action in EU member states through the judicial constitutionalization of "economic liberties," whereas the capacity for effective political action at the European level is narrowly constrained by the multiple-veto character of the Union's "ordinary legislative procedure." Since both of these constraints have institutional causes, they might be loosened by institutional reforms that shift the competence for negative integration from the sphere of judicial legislation to European political legislation and would allow legislation by majority rule at the European level. In order to ensure democratic legitimacy, however, majoritarian legislation would have to allow national opt-outs.