Why the EU Constitution is undemocratic?!

1. Contribution by Thomas RuppENC ConferenceAmsterdam – 21 May 2005 Why the EU Constitutionis undemocratic?!

2. This following presentation is based on a paper ofMEHR DEMOKRATIEwith the title: Critical Analysis of the democratic aspectsof the European Unionby Michael Efler and Percy Rohde

3. “Sui generis” argument EU is incomparable - “a class of its own” - between a confederation of states and a federal state. Therefore: Democracy could not be evaluated by conventional criteria. Why this is wrong? The member state’s Constitutions based on democratic principles Preamble: strengthen democracy “Output” argument The “positive outcomes” of current integration process… Such as internal market, peace, cheap flights, student exchange would justify a lack of democracy Why this is wrong? Should be no diversion from crucial problems Authoritarian regimes use the argument regularly to mask lack of democracy Why to talk about democracy? Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

4. Before Laeken Integration always designed as continuous creation of facts by an elite. Intransparent and inaccessible Declaration of Laeken Tasks of the Convention? The Convention set-up Neither appointed, elected nor confirmed by the citizens. Why then should the governments or EU institutions be authorized to develop EU constitution? Myth of transparency Convention itself did not make any decisions by vote. these taken solely by presidium, in private and without any recorded minutes. Draft constitution based on non-legitimised decision-making of a handful of presidium members. No real participation of citizens. Integration without legitimation Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

5. Only 10 referendums Still countries where citizes were never asked. No real debate wanted Yes-side got ‘x’ times as much public finance as the No-side; Reporting in the media is biased Debate starts late without discussing content No debate at all in countries without referendum Early implementation Fundamental disregard of basic democratic values. Parliaments and citizens are faced with ‘faits accomplis’. ‘No’ Consequences? Undemocratic ratification process Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

6. Constitution consists of 4 parts, 448 articles, 36 Protocols, 2 annexes, 30 Declarations to the regulations of Constitution, 11 Declarations to the attached Protocols, 9 Declarations of the member states. 349 p. of Constitution 382 p. of Protocols and Annexes 121 p. of Declarations Altogether: 852 pages* Hide and seek Very important regulations hidden in Protocols and Declarations For instance: Subsidiarity Protocol, Restrictions of the Charter of Fundamental Rights, Immunity questions, etc. The myth of simplification Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

7. One way street Since 1993 the EU has extended the scope of its power bit by bit. More and more important policy areas are ruled by the EU. Today far more than 50% of all new laws come from Brussels. Constitution cements this process, transfers more competence to EU. Supremacy of EU law Article I-6: “The Constitution and law adopted by the institutions of the Union (…) shall have primacy over the law of Member States.” Following the Constitution the EU can legislate or take action in virtually every area of policy. With respect to democracy the question must be posed: In the long run, which legislative rights will remain in the national parliaments Centralisation of power Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

8. Exclusive competence Shared Competence Art. I-12 (2): “(..) The Member States shall exercise their competence to the extent that the Union has not exercised, (…) its competence” In reality, the areas with shared competence are areas with the de facto right of primacy of the EU over the member states. Coordination and supplementary competences TODAY: Supportive, coordinative and supplementary actions that do not entail harmonisation. FUTURE: Following the EU logic, only question of time until these areas are a ‘candidate’ for harmonisation CFSP, coordination of the economic, employment and social policy, industry, protection and improvement of human health, education, youth, sport and vocational training, culture, civil protection, tourism and administrative cooperation. EU Competences Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

9. EU is responsible only for areas for which tasks were conferred on it by the member states. With the FLEXIBILITY CLAUSE this principle can be overruled: Article I-18- “If action by the Union should prove necessary, (...) to attain one of the objectives (...) the Council of Ministers (...) and (…) the European Parliament, shall adopt the appropriate measures.“ Instrument for further centralisation without legitimation by the member states. If national parliaments consider EU law to violate thePRINCIPLE OF SUBSIDIARITY they have the right to complain But only if 1/3 of all the national parliaments submit a reasoned opinion within 6 weeks. Quite little time: to observe national governments, national legislation PLUS the many draft legislative acts of the EU PLUS coordinate with other parliaments But IF they manage to do so this only leads to a “review” of the draft legislation by the EU Commission. Flexibility vs. Subsidiarity Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

10. Qualified majority voting 63 areas submitted to qualified majority voting (QMV) in the Council of Ministers i.e. no more veto right of the member states. Powerful foreign minister The “Foreign Minister” is de facto a Home Secretary, Foreign Minister, Defence Minister and Development Aid Minister, all in one person. He is the Vice-President of the Commission and takes part in all European Council discussions Immunity of civil servants AllEU officials and civil servant are immune from prosecution in relation to their official actions, including their spoken and written remarks. This applies even after they have left office. Uncontrolled CFSP Far-reaching changes to the Common Foreign and Security Policy (CFSP) with a lack of democratic control. Obligation to improve military capabilities and a “European Defence Agency” Some more keywords Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005

11. Separation of power? EP no genuine parliament Commission initiates lawCouncil ratifies it ECJ will de facto legislate Charter of fundamental rights Influence of lobbyists At least 15,000 special interest representatives 6401 lobbyists registered in the European Parliament No European public European issues rarely play a role in national elections. Expansion of the EU’s power largely unnoticed by public Heads of state can operate in a quite unobserved space They are rarely challenged by a critical public. Summary EU in its basic construction does not provide democracy EU Constitution is increasing and accelerate this process Undemocratic basic set-up Thomas Rupp – Why the EU Constitution is undemocratic – ENC Conference - Amsterdam – 21 May 2005