ABSTRACT
The topic of my paper is part of the pan-European discussion about democ racy and constitution, especially about the democratic deficit of the Euro pean Union. The shaping of the Western idea of democracy derives from a specific link between Freedom and Right and is based on the democratic legitimization of political power on the grounds of general, equal and free elections, the elaboration of institutional guarantees as well as social guarantees of physical existence and human rights. The current discussion about the democratic deficits within the European Union focuses on insti tutional mechanisms and decision-making in EU institutions. In this paper I will, however, emphasize the socio-legal dimension of democracy, i.e. aspects of substantive instead of merely formal democracy.
