The European Union violates three fundamental constitutional principle
s: the principle of the separation of powers, the democratic principle
and the principle of subsidiarity. Centralisation and the democracy d
eficit explain the Union's interest group bias. The only way of closin
g the Union's democracy deficit that is compatible with the principle
of subsidiarity is to strengthen the role of the parliaments of the me
mber-States. Since democratic legitimacy is a European public good, th
e Treaty has to incorporate the national parliaments in the European l
egislative process. Subsidiarity also requires incentive-compatible so
lutions for the European Court and the European fiscal constitution. (
C) 1997 Elsevier Science B.V.