This paper uses the concepts of output and input legitimacy to examine the formal lawmaking processes of the European Union. It argues that the traditional distinction between laws, which are legitimated through the democratic concept of representativeness, and subordinate legislation, which is normally justified in terms of output values of efficiency and effectiveness, need to be modified in the European Union. The paper argues that the need for democratic input values requires all formal lawmaking processes to make space for popular access to the policy- and rulemaking processes.
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