Constituting transnational Democracy as the main challenge for European Integration

1
Constituting transnational Democracy as the main
challenge for European Integration

• An introduction to a debate at the Europe
  Institute
• of the University of Auckland (NZ)
• by Andreas Gross (Switzerland)
• Director of the Scientific Institute for Direct
  Democracy in St-Ursanne and Swiss MP Leader of
  the Social democrats in the Parliamentary
  Assembly of the Council of Europe (PACE)
• Auckland, 17th of June 2008
• www.andigross.ch info_at_andigross.ch

2
An overview of my presentation

• After the second Irish No A very timely debate
• The forgotten history of the 1940s Why the
  European Integration Process (EIP) is treaty
  based
• The missed opportunity of the early 1990s and
  the prize they had to pay A common currency but
  no common democracy
• 2001- 2008 The rushed and thus failed attempt to
  make a constitutional treaty The one positive
  innovation could not compensate the basic problem
• Possible ways to overcome the institutional
  crises (The Crises of European Democracy/ies) of
  the EU

3
I. After the second Irish No at the 12th of June
08

• Le Monde The Irish and the Dutch people belong
  to most convinced Europeans There No-votes 2008
  and 2005 are not anti-European votes.
• Why should we approve, what we can not
  understand ?(TA,ZH)
• It highlights how out of touch the Continents
  political elites are (The Australian, June 16)
• The Irish voters lost their confidence in their
  political class indifference and distance
  produce rejection (FAZ , June 14 )
• Many people feel, the Union is remote,
  undemocratic and ever more inclined to strip its
  smaller members of the right to make their own
  laws and (...) futures. (IHT, June 14-15)
• The people have spoken, the bastards. So said
  one Californian candidate when voters did not
  respond in the way he desired. Many EU leaders
  must privately be thinking the same after the
  Irish No. (FT, June 14/15)

4
Democratization of the EU means We have to
contribute to overcome the input part of the EU
legitimacy deficit

• No citizen participation (Powerless)
• Elite domination (Social Distance(D))
• Centralistic and bureaucratic (strc D)
• No common public sphere (comm D)
• No common identity (Cultural D)
• No feeling of togetherness / common
  belonging (emotional D)

5
But lets not forget The quality of Direct
Democracy (DD) depends of its design - a well
designed DD contributes to

• Communication and Deliberation
• Sharing of power
• Public and individual learning
• Citizens acting and more transparency
• Integration of diversity by civic participation
• Legitimacy by convincing
• More identification, less distances
• More openness for other policies and actors

6
II. The forgotten history of the 1940s Why the
European Integration Process (EIP) is treaty
based ?

• To overcome for ever all wars the pioneers of
  the European Integration in the early 1940s (Leon
  Blum, Alberto Spinelli, Paul Henri Spaak, Denis
  de Rougement, Carlo Schmid - and Jean Monet
  /Robert Schumann) wanted to
• - transcend the nation-state
• - establish a federal European constitution
• - transcend borders and integrate the people
• Thats why they asked for an elected European
  Constitution Making body. The Parliamentary
  Assembly of the Council of Europe should 1949 do
  this.

7
The Cold War did not allow the Europeans to do
it this way !

• 1. The winners of the Second WW were the US and
  the USSR The Europeans had not the sovereignty
  to make a constitution.
• 2. The Second WW did not discredit the
  Nation-State in the measure the pioneers
  anticipated it - the Cold War saved it quicker
  than many thought.
• To save the Core of the Integration-Project
  Monet Schumann started 1951 with the common
  coal steel-Union under a strong executive
  authority and made it
• - With a treaty, without a constitution
• - Put the Economy first, with the hope politics
  will follow
• - Put Governments in the center, not the people

8
III.The missed opportunity of the early 1990s

• The Cold War was over, the separation of Europe
  overcome, all new states (over 15...) and some
  old ones (5-7) wanted to join the old EC of the
  12
• But in Maastricht (1991/92) the majority of the
  EC-Leaders were more interested to make and share
  profits and therefore e.g. in the common currency
  then in the making of a transnational democracy
  based on a European federal constitution.
• They missed the opportunity to integrate
  people, not only states (Jacques Delors, Sept.
  1992)
• The Consequences
• 1992 In two Referenda Denmark said No (52) and
  France nearly missed the No (50,5 ) Chock !!
• The institutional crises of the EU began, which
  goes on now for 15 years (Le Monde)

9
IV. 2001- 2008 The rushed and thus failed
attempt to make a constitutional treaty

• Dec 2000 Poor Nice Treaty discredits summit-rule
  June 2001 Irish Referenda No to Nice Treaty
• June 2001 Violent clashes at the Gothenburg
  summit
• Dec 2001 Most auto-critic summit declar. in
  Laeken (Be) leads to the 2nd EU- Convention
• Feb 2002- Convention delivers draft for a
  Treaty to
• June 03 establish a European Constitution.
• May 2004 Accession of 10 new EU Members
• Okt. 2004 EU Heads sign in Rome Constit.Treaty
• June 2005 NL and F say No in referenda to CT
• 2007 A simplified treaty is ratified by 18
  states
• 16.6.08 Ireland votes No to ST again !

10
The big innovation of the ConventionThe first
ever transnational democratic citizen right

• Art.I-47A significant number of citizens, no
  less than one million, coming from a significant
  number of Member States, may take the initiative
  of inviting the Commission (...) to submit an
  appropriate proposal on matters where citizens
  consider that a legal act of the Union is
  required for the purpose of implementing this
  Constitution. A European law shall determine the
  provisions for the specific procedures.....
• Project of the citizens movement eurotopia
  (1991) - taken up by a German Conv. Member -
  approved by the Chairman - EP is ready to share
  its initiative power with the people - 20
  initiative groups tried to use it already

11
Lessons to be learned

• To be decided from the start Treaty or
  Constitution ?
• In order to be integrative and democratic
  Constitution making needs time! (ZH 2000-2005)
• A Constitution-making Convention needs to be
  elected and representative
• The Convention needs to be open for several broad
  consultation processes (Citizens ownership)
• A Constitution needs to be legitimated by a
  peoples vote in a Referendum (Double majority?)
• A Constitution would devolve powers to the States
  and Regions without disintegration (Unity
  Diversity), establish a clear power division
  sharing and would establish clear brakes against
  soft centralization!

12
V. Possible ways to overcome the institutional
crises of the EU - and of Democracy(ies)

• The EU needs more Democracy as well as Democracy
  needs Trans-Nationality !
• (Global) Markets need legitimate rules and
  institutions in order to make them respect
  non-market actors and goods(Climate, Poor,
  Justice equity....)
• Transitional new treaty with a window to open a
  real constitution making process ?
• A core-group (Euro-states?) deepens integration
  Multi-speed integration options ?
• Democratization of the procedures make
  majority-rule acceptable, which can not be
  avoided in a bigger EU