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5.2.1. What is representative democracy ?

In a democracy, fundamental freedoms and rights must be protected by a government whose legitimacy is based on the consent of all those governed.  It is the fundamental principle on which we pride ourselves in the West and of which Amartya Sen has show that its putting into practice has been,
for all time universally sought.

See :  Amaryta Sen*,  La démocratie des autres; pourquoi la  liberté n’est pas une invention de L’Occident.  (The democracy of others, why democracy is not an invention of the West)  Editions Payot & Rivages, Paris, 2005.                   
 
In a democracy, those who govern are the representatives, the agents, of the governed.  What is the exact nature of the mandate with which they are entrusted?  Some political philosophers think this mandate involves a transfer of power while others incline to the view that it is a concession of its use and the right to exercise it.  

“The controversy goes back a long way, to the Middle Ages.  At first it took the form of a purely juridical controversy  ….. as to the nature of the ancient concept of “translatio imperii (“the transfer of power”) from the Roman people to their “Princeps”.  One school of thought championed the theory that it involved a final and irrevocable giving-away of the power, while the other held that was simply a matter of conceding its use and the right to exercise it.   …..  On the one hand, they have reached the conclusion that there is an abdication by the people in favour of the absolute sovereignty of the prince  …..  On the other hand, they have concluded that there is a simple “concessio Imperii”  (concession of power), which is how the doctrine of the sovereignty of the people came into being.”  (Otto von Gierke,  The development of Political Theory, Translation into English by B. Freyd, New York, Howard Fertig, 1966, page 93-94.  Translation into French by the writer).

See also: www.forum-civil-society.org/wikien/index.php; or   www.forum-civil-society.org/wikifr/index.php  

Representative democracy is a political regime in which the will of the citizens is expressed through elected representatives who annex the general will, decide the law and in the final event may control the government.  It is unlike direct democracy, in which the people themselves take the decisions (see the Helvetic Confederation – Switzerland – where many decisions are taken by “voting in a referendum”).

5.2.2. How is it guaranteed in principle by European Institutions ?

INSTITUTIONS OF THE EUROPEAN UNION
(Captions on diagram see French and German text)

Council of   Commission  European   Court of  Court of
Ministers                           Parliament  Justice   Accounts   


    Committee           Economic  
  of the Regions     and Social                    Ombudsman
                                Committee  

For a list of the European institutions and agencies, see Chapter 7.4

The European Union encompasses European States and Citizens                    

The states are represented by their representatives on the European Council and/or Council of Ministers.

The citizens are represented by their representatives in the European Parliament.

It is worth pointing out that the European Commission represents neither the states nor the citizens !  It represents and defends the interests of the EU as a whole. It draws up proposals for new laws, which it submits to the European Parliament and to the Council
    
The power of decision of these institutions varies, depending on what’s involved.  The matter is complex and does change with time.

See the sites : for a summary : europa.eu/institutions/index_en.htm  and  www.ena.lu.mce.cfm

5.2.3. How really representative of the European citizens rare these institutions?

The sovereignty of the European citizens remains insufficient. The European Council  and/or the Council of Ministers can still take decisions on their own, without obtaining the approval of the Parliament, and some (decisions) must be approved unanimously by the Council.

The agreement of the  European Parliament  (and hence of the people) is required only in specific areas  where there must be co-decision between the Council and Parliament.  There are not enough of them!  

In the fields where the Council can decide on its own,  the way in which European citizens are represented is indirect.  This is what happens:  the national ministers sitting on the Council represent national interests before collective European interests.  What is more, they do not always fully account for these decisions before their own national parliaments.

The result of this is that many decisions appear to the European public as a “diktat from the EU” and not as they really are, i.e. stemming from the democratic responsibility of the national ministers to their own co-citizens.

“I know both the merits and limits of the founding father’s method, a sort of soft, enlightened despotism.  A sort of “Saint-Simon”  method which offers competence and independence of mind as a principle of legitimacy, without always ensuring first that you have the consent of the people ….  This Monnet method was justified at the start of the adventure.  However, let’s not be afraid to say it,  this semi-clandestine way of doing things is no longer possible and the time has come to break with the method of the founding fathers.”  Jacques Delors, Memoires, Plon, 2004, p.406.

5.2.4. What are the consultative bodies of the European Union ?

There are two consultative bodies at the heart of the European Union:

• The European Economic and Social Committee:  The EESC is a consultative body representing the employers, the unions, the farmers, the consumers and other interest groups which, together, make up “organised civil society”.  It makes known the opinions of its members and defends their interests in the political discussions carried on with the Commission, the Council and the European Parliament.  

• The Committee of the Regions: The CoR is a consultative body made of Europe’s regional and local authorities.  It must be consulted before any decision of the EU with a bearing on matters of interest to the regional and local authorities, such as regional policy, the environment, education and transport.

5.2.5. Whom do the EESC and the CoR represent?

 Officially, the EESC is a consultative body representing the employers, the unions, the farmers, the consumers and other interest groups which, together, make up “organised civil society”.

Likewise, the CoR is, officially, a consultative body made of Europe’s regional and local authorities.

However, the representatives sitting on these two bodies are appointed by the member states, without any opportunity being offered to the European citizens to be involved in making these appointments !

5.2.6. How do the European Elections take place and what is their scope?

The European Parliament is the only supranational institution whose members are elected democratically by direct universal suffrage.  It represents the peoples of the member states, that is to say the citizens of Europe. See here the details of the powers and procedures of the Parliament.  

It is re-elected every five years, the next elections will take place in June 2009.

All the citizens of the EU have the right to participate.

The electoral lists are drawn up by the political parties.

5.2.7. What has been the trend in the voter-turnout at these elections ?

Prior to June 1979, the European Parliament was made up of national MPs.

Since the first election of the Parliament by direct universal suffrage of the European citizens in June 1979, the turnout, which was then 63%, has done nothing but diminish and fell to below 50% in 2004. The turnout in the new member countries was 27%, or a bit more than a quarter of the population.  Perhaps the reason for this was lack of time to prepare properly for them.

In this connection, it is worth noting that in some member states like Belgium, there is a duty (as a citizen) to vote.  This explains the particularly high turnout in that country.

Illustration 5.b : Turnout at European elections from 1979 to 2004 in the older member countries.

Illustration 5.bb: Turnout at European elections from 1979 to 2004 in the new member countries.

5.2.8. What is meant by “committology” ?

In carrying out its mission, the European Commission is helped by consultative committees and management committees.

The Consultative Committees are responsible for giving their opinion on the policies being followed and the  legislation being prepared.  They are made up of representatives of the social partners concerned:   agricultural organisations for the Common Agricultural Policy (CAP),  ecologist organisations for the environment, consumers organisations for health and safety, etc. They usually contain several categories of professionals and in this respect are supposed to represent their interests, they are more or less near the base.

On the other hand, the Management Committees are made up only of representatives of the different administrations of the member states at the Commission’s offices.

5.2.9. What are the consultative committees operating at the European Commission and how representative are they?

On the 3rd of May 2006, the European Commission published a green book on the European initiative in area of transparency.

On the other hand, the European Commission has a structure for dialogue with civil society.  In this respect see:

• A general view
• Rules governing consultation
• Public consultations
• The CONECCS  (CONEESC) bank of the bodies which the Commission consults.

5.2.10. How could representative democracy be improved?

• Ist starting point:

The European Union is unique: a “sui generis” creation.  Its member states remain sovereign and independent  nations who have chosen to exercise their sovereignty in common (to mutualise their sovereignty) in some areas of their activities in order to achieve together on the world scene power and influence which none of them could have on its own.

• 2nd starting point:

The European Union encompasses Citizens and States.  That means that both must have the same rights and the same duties as regards:

• the definition of the responsibilities which must be attributed to the EU,
• the debate and the decision-making process concerning European laws,
• the appraisal and evaluation of the EU’s actions.
• In a word: the exercise of democratic control of the actions of the “governors” by the “governed” !!

Therefore, one of the minimum improvements needed is that every decision of the EU should be approved by both legislative chambers, the European Council representing the states and the European Parliament representing the citizens.

The Commission should be an executive power responsible to these two chambers with its President elected by direct suffrage of all European citizens and its members appointed with the common agreement of the two legislative chambers.

The Council should no longer have the right to decide alone and the need for a unanimous vote should be abolished within it.    

5.2.11. Is direct contact possible between the individual European citizen and the institutions of the EU ?

The individual can address all institutions of the EU in writing and is entitled to receive a reply to his/her question within a fortnight (15 days).

At any time each citizen, alone or in a group, may instruct the European Parliament through the right of petition.

The individual citizen may also address the the European mediator   (the ombudsman)
The right of petition is explicitly set forth on the page of the site of the European Parliament.

For information about how to apply to the Mediator consult the page of the mediator’s site.

The relationship between the citizen and the Court of Justice is explicitly described on the site of the Court.

5.2.12. What parts of the Acquis Communautaire have been of most benefit to the individual, particularly in the social field?

Eurobarometer tells us that people consider that belonging to the EU has benefited them particularly by reason of Community action in the following areas (in order of importance): (1) the fight against terrorism;  (2) defence and foreign policy;  (3)  environmental protection1;  (4) security [safety];  (5) the economic situation;  (6)  The educational system.

See Eurobarometer No. 65, page 121;
ec.europa.eu/public_opinion/archives/eb/eb65/eb65_en.pdf

All the European legislation in force is available on the site Eur-lex  of the European Parliament. This legislation is divided into  20 areas according to subject.

Subjects of particular interest are:

• Social legislation.
• The Charter of Fundamental Rights