Whither the withering democratic deficit? The impact of the Lisbon Treaty on the Area of Freedom, Security and Justice

This article examines how the Lisbon Treaty's changes to the European Union's (EU's) Area of Freedom, Security and Justice (AFSJ) have affected its 'democratic deficit'. How this issue is perceived depends on one's conceptual understanding of democratic legitimacy. This article reviews key scholarly perspectives on this matter and organizes these according to Schmidt's concepts of 'inputs', 'throughputs' and 'outputs'. The article then applies this framework to specific innovations of the Lisbon Treaty, including new roles for the European Parliament and Court of Justice in the AFSJ. The article concludes that the EU's latest treaty has improved its democratic deficit in some regards, but that many issues of democratic legitimacy remain.