Report phase II - Citizens For Europe e.V. – A democratic and participative Europe
Our group discussions circled around two main questions:
How could a participatory and democratically legitimized European Union look like?
Which actors should be able to participate in decision-making processes and how?
In our discussions we focused on an inclusive model that combines representative/parliamentarian democracy with elements of direct democracy. Thus, we are convinced that representative and direct democracy are not opposed to each other but being complementary as the two pillar of a modern participatory democracy. This combination would better link the decision-making process carried out by directly elected institutions (parliaments on all levels of governance) with the citizens’ concerns and interests.
To answer the questions:
1.Who should resolve the problem?
Concerning the parliamentarian democracy at European level the European Parliament has to live up to its role and use its powers to further strengthen its role in the legislative process:
expressing dysfunctions within the EU’s institutional setting;
provoking public debates on current legislative proposals;
consulting with civil society actors prior to a legislative process;
nominating a president to the European Commission in the course of the next EP elections;
pushing for a right of initiative of the European Parliament;
pushing the development of true European political parties with transnational candidates.
With its latest decisions the European Parliament under the presidency of Martin Schulz demonstrated its ability to force member states governments to enter a legislative dialogue on the Schengen Area by dismissing current legislative procedures. Is the EP on a revolutionary or evolutionary track?
The second and third actor are organized civil society and citizens themselves. Both can use the European Citizens Initiative (ECI) as a participatory tool to propose legislation to the European Commission, and, through a spill-over effect, also indirectly to the European Parliament. It is the realization of this instrument that can create European-wide public debates and raise the citizens’ awareness of problem solving capacity of and at the European level. Using the ECI to develop the ECI itself to a tool of direct democracy with legislative power is a way to strengthen the second pillar and a participatory democracy at EU level.
2.How to find a European solution that is democratically legitimate?
We recently discussed the legitimation of the latest financial policies at European level (ESM, Six Pack, etc.) with an expert. The result: legitimate solutions must respect the distribution of powers and long-term solutions have to emerge instead of reactive policies quickly pushed through all levels of governance.
Examples are:
the EU2020-strategy as long-term strategy is the outcome of the open method of coordination, in which member states take engagements beyond the EU treaties; though these engagements are not legally binding they serve as a road map for future developments
the new Fiscal Pact as intergovernmental agreement outside of the EU27 treaties but using EU institutions
the Six Pack (reinforced stability and growth) as communitarian decision-making process based on the initiative of a Council Summit and “normal” decision-making process (Commission, Parliament and Council). The introduction of the Six-Pack shifted considerable power to the European Commission that will pre-examines national budgets in future before they enter national parliaments for debate. This procedure might disrupt the distribution of powers between national parliaments and the European Commission as well as the national governments, as national parliaments and governments end up debating proposal that only have been approved by the Commission beforehand, thus diminishing the powers of nationally elected actors considerably.
Among the three given examples of legislative procedure the community method is certainly the most democratic and transparent one, though sometimes leading to a shift of distribution of powers, as shown in the last example. Thus, the question of how democratic it is in terms of distribution of powers (e.g. predominant role of the Commission in national budget decision making processes), role of parliaments and implications for citizens comes in the forefront of discussions.
3.Who should validate / consent to the decision?
Different scenarios are possible:
treaty change via a constitutional Convention; long lasting process; the legally binding participation of civil society/citizens would be of upmost importance;
pragmatism: Martin Schulz recently suggested a lot of pragmatic and democratic “changes” within the current constitutional setting of the EU and its treaties;
-civil society working together on alternatives: a collective process and debates about alternatives to intergovernmental intransparent decision making processes could be created.
4.How could political participation rights of citizen look like?
To increase political participation we suggest to:
introduce active and passive voting rights for non-nationals in local, regional and national elections in their country of residence and voting right for non-EU citizens to the European Parliament;
create real European party campaigns for European Parliament elections;
develop a citizen friendly ECI that has true legislative powers.