spotlight europe # 2009/05 – May 2009 It's hip to be a euro-critic

Isabell Hoffmann [email protected]

Franziska Brantner [email protected]

In the area of European policymaking, established parties are nowadays also confronted with pressure from -wing and right-wing fringes of the political spectrum. The fact is that, try as they might, they cannot ex- plain away all the negative results of EU policymaking. Instead of fighting a communications war from their entrenched positions, the supporters of European integration should recognize that there are contradictions in European policies which need to be dealt with frankly on a political level.

Some people point out that the European And in fact after the referendum in Ireland Union was built on the basis of consensus, the European governments and the ad- whereas others warn that it needs contro- ministration in Brussels have tried to do versy, or else will lose its legitimacy. Jür- what they are best at: waiting until things gen Habermas and Günther Verheugen, have calmed down, conducting discreet two proponents of these opposing posi- talks, and preparing for another referen- # 2009/05 tions, crossed swords in the politics sec- dum. However, at the same time the de- tion of the Süddeutsche Zeitung in June bate on European policy, has already been 2008. “Politicize the debate,” demanded taken out on the streets. Not by the gov- the former. “Bring in the citizens.” “That ernments and the established political par- won’t work,” retorted the latter. “Europe is ties, but by players who do not have very based on consensus, and not on contro- deep roots in the system. They believe that versy. It is slow and painstaking, and of- the voters are sufficiently irritated to re- ten excruciating; but it is efficient. That is spond to their criticism of the Union, how we should go on. All of us, by working which enhances their profile and enables together.” them to generate influence. In this they are aided and abetted by centrist govern- ments and parties, which do not openly spotlight europe

acknowledge that there are contradictions gal). This pan-European party is a product in European policymaking, and react in a of the Irish anti-Lisbon campaign. In the fundamentally defensive manner to fun- entrepreneur Declan Ganley it has an am- damental criticism. Thus they have failed bitious and by now fairly well-known to lift the debate on European policy to a leader who has described the debate on constructive and more differentiated level. the as a political awaken- ing which he wishes to share with all As a result the debate on European policy other Europeans. Yet hitherto Libertas has remains uninspiring and the electorate achieved fame more on account of its his- continues to be suspicious. Furthermore, tory than as a result of its political posi- the extraneous and internal systemic criti- tions, and Ganley is finding it more diffi- cism of the continues to cult to recruit suitable comrades-in-arms gain momentum, and, in the context of the in the member states than he had antici- forthcoming elections to the European Par- pated. A meeting with euro-critical Czech liament in June, is becoming more cogent. President Vaclav Klaus generated a lot of Will this be the first test for the assump- buzz, but the Libertas lists include either tion that anger due to the Union is suffi- unfamiliar names or well-known radical ciently pronounced to reward the political nationalists such as Frenchman Philippe groupings which actually reject the EU? de Villiers. Yet Ganley differs from the ma- jority of right-wing nationalists not only I on account of his slick appearance, but also on account of his market radicalism,

Page 2 which he has in common with self- Who is criticizing what appointed “EU dissident” Klaus. Both of Taken as a whole, the critics of Europe are them believe that the Treaty of Lisbon fragmented and rather inscrutable. And stipulates economic and social norms ever since the “No” votes in the referen- which simply go too far. In February 2009 dums in , the Netherlands and Ire- Vaclav Klaus summed this up in a speech land they have started to be in a state of to the as follows. “It flux, and new euro-critical groups are needs to be said quite openly that the cur- making an appearance. Nationalist parties rent EU economic system is a system are reorganizing themselves. Classical which oppresses market forces and con- tinually strengthens central control of the It’s hip to be a euro-critic euro-critic be a to hip It’s

protest movements are stating their argu- ments in a new and upbeat manner. At the economy. (...) The solution can only be the same time the topics and the mode of ex- liberalization and deregulation of the pression are moving in from the fringes to European economy.” some of the centrist parties, which quite obviously believe that they have to show Since Libertas is still a party without a where they stand so as not to lose voters manifesto three weeks before the Euro- pean elections, statements about political

# 2009/05 to their new opponents. positions can only be made on a provi- „Eurocriticism is moving in sional basis. However, when it comes to communication and marketing, Libertas is from the fringes to some certainly innovative. It landed a real pub- lic relations coup by managing to secure of the centrist parties.” the support of Polish trade union legend Libertas, the newcomer among the right- Lech Walesa. At the start of the election wing critics of Europe, has provoked some campaign in Rome Walesa told the dele- broken coalitions and new alliances in the gates to be courageous. “You have the po- right-wing and conservative camp tential to change Europe for the better.” throughout Europe (for example, in Walesa’s appearance was not only of con- France, the Czech Republic, and in Portu- siderable importance on account of his spotlight europe

popularity. He is a member of the group of political parties, in , for example, “Wise Men” which has been assembled by to Bündnis 90/Die Grünen, and especially the heads of state and government and to Die Linke, which for the 2009 European next year is due to present its vision of the elections has adopted a more strident future of the European Union. euro-critical tone. Even if , the party leader, always emphasizes his Libertas not only makes use of prominent party’s essentially pro-European attitude, names, but also utilizes the new media in there have been, especially with regard to a professional way. The few messages are assessments of the Treaty of Lisbon, bitter presented on its website in a style that is disputes within the party, in the course of straightforward and easy to understand. In which those who completely reject the a manner reminiscent of the Obama treaty have gained the upper hand. method, the visitor is asked either to be- come involved or at least to sign up to the Left-wing criticism of Europe tends to see mailing list. Ganley himself has not made the EU as a purely elitist project, espe- any mistakes in public. Hard-hitting stuff cially a project of the economic elite. Busi- such as “We’re going to hunt for Barroso!” ness and capitalist interests, such critics he leaves to his comrades-in-arms and pre- complain, are deliberately encouraged, a fers to cultivate the image of a successful fact which they trace back to the neo- businessman who wants to put things liberal ideology of European treaties, poli- right in the political sphere. In this way he cymaking and court rulings. A general mo- has managed to

Page 3 prise right-wing euro-criticism out of its unsavoury nationalist sur- roundings, thereby making it more palatable to the main- stream, and thus putting pressure on other conser- It’s hip to be a euro-critic euro-critic be a to hip It’s vative parties.

On the left-wing fringe of the po- litical spectrum a number of actors have adopted a euro- tion proposed at the party congress of Die critical stance. They include the pan- Linke in Essen devoted to European mat- # 2009/05 European protest network Attac, and left- ters stated that “The confiscation of the wing parties such as Die Linke in Germany money of female and male workers and of and Nouveau Parti Anticapitaliste (NPA) in those who are socially disadvantaged has France. At the end of the 1990s Attac and swept more and more capital into the in- its systemic critics had demonstrated that ternational financial markets. The deregu- they are able to seize on a certain topic lation of the international financial mar- and turn on the heat in political terms. Re- kets was a project that the European gov- cently they have begun to focus on the ernments also supported.” Beyond the con- European Union. Despite the fact that they fines of the EU, development and peace stand aloof from the system – they are not policy were supposedly being neglected. in favour of “marching through the institu- Both EU enlargement in eastern Europe tions” – there are clearly visible links to and negotiations on regional trade agree- spotlight europe ments are repeatedly cited as examples of

wrong-headed policymaking. “The EU European positions, and as a result pro- Commission continues to propagate free voked a breakdown of the governing coali- trade as the basis for ‘competitive econo- tion last year. The FPÖ and the BZÖ con- mies’ and as ‘the catalyst for development’ tinue to pursue their national, populist, and is thus the ‘lackey of the European exclusionist and protectionist line with corporations’.” success, as do Vlaams Belang in Belgium, Fidesz in Hungary, and Lega Nord in Italy. Furthermore, the policy of the EU was in- In France the Socialists are embroiled in creasingly being used for the imperialist bitter disputes, not only within the party enforcement of capitalist interests. “The itself. They are also being goaded from the present common EU security and defence left of the political spectrum by the NPC policy is based on the offensive military and its charismatic leader, Olivier Be- capability of the European Union and re- sancenot. armament.” For these critics such defi- ciencies are part and parcel of the whole In the hardly anyone still system, and for this reason they reject all believes that New Labour can actually win of the reform treaties out of hand (Consti- the forthcoming elections. David Cameron, tution, Lisbon). the Conservative leader, is thought to have a very good chance of becoming the next With regard to European policy issues, the prime minister. However, the members of centrist parties are under pressure from his party in the European Parliament are the left and the right. In Declan Ganley the just on the point of withdrawing from the

Page 4 right-wing and conservative camp now has union of European Conservative and Chris- a publicly effective leader whom the tian Democrat parties, since they consider masses find congenial. In Germany Die the pro-European stance of many of their Linke is the first player to act in a decid- fellow politicians, including the CDU, to be edly euro-critical manner. insupportable.

The CSU has simultaneously reacted to The critics seem to be making a lot of this development by adopting tougher headway. Yet the classical pro-European European policy positions. The CSU Euro- centrist parties are making it all too easy pean election manifesto includes the fol- for them by choosing to ignore most of the lowing statements. “We are asking for contentious issues with which they have It’s hip to be a euro-critic euro-critic be a to hip It’s fewer decisions to be made centrally in been confronted and are failing to shift the Brussels.” (…) “We trust that the Federal debate to a constructive level. Constitutional Court will strictly examine whether the EU has adhered to the legally II valid assignment of responsibilities.” (…) “We want to take decisions about land and property ourselves.” (…) Furthermore, Who is turning what into # 2009/05 there is a promise to create more democ- a taboo racy and grass-roots policymaking with the help of referendums on European top- “Germany more than anyone else profits ics. from the internal market!” “Where would we be without the euro in this crisis?” Recently Bündnis 90/Die Grünen has “Mobile phone rates!” “Cheap flights!” voiced more vociferous criticism of the EU These are some of the typical replies that and have put , co-founder of are trotted out as soon as anyone says Attac Germany, on the party list for the anything that smacks of criticism. An European Parliament. In Austria both of online spot produced by the European the two large popular parties, the SPÖ and Movement network shows quite clearly the the ÖVP, have relinquished their pro- whole gamut of European blessings which spotlight europe

can be marshalled to deal with criticism of and the basic freedoms of the internal any kind. Watching the film, the critic market on the other. simply gives up and withdraws his ques- tion, “What has Europe ever actually done The example of non-profit associations in for us?” as a result of this barrage of posi- the Tübingen area may help to elucidate tive answers. Hans-Gert Pöttering, the this. The associations of the town and the President of the European Parliament, surrounding district used to finance them- must have been hoping that similar things selves by collecting and selling scrap pa- would happen when at the beginning of per. As long as only a small amount of the year he spoke on the subject of “Com- money could be made in this way there municating the European Parliament elec- were no conflicts of interest with private tions.” He pointed out that not every topic waste management companies. But last that was dealt with and voted on in the year, as prices of resources soared, the European Parliament was easy to explain private firms entered the market and to the public. But there were numerous placed blue collecting bins on the streets. successes and decisions which actually The Administrative Court ruled that on the produced a specific, easily comprehensible basis of Article 13 of the Recycling Law and explicable value for EU citizens. “It is the freedom to engage in business also our task,” Pöttering said, “to look for these had priority in the case of resources such topics, to concentrate on them in our pub- as scrap paper. The blue bins could stay. lic relations and thus to inform the citi- The sources of income of non-profit- zens about the value of our work.” making clubs and societies are drying up.

Page 5 A change in Article 13 – which regulates Politicians in the government, so it seems, the relationship between the provision of are determined to fight a communications essential services and the freedom to en- war from their entrenched positions, gage in business in the waste management whilst the European citizen – if one is to sector – and other political options, for ex- believe the latest Eurobarometer surveys – ample, local exceptions for the waste man- is moving farther and farther away from agement industry, were discussed and the scene of the action. He or she may be then rejected. The ministry in Berlin re- pleased about sinking mobile telephone sponsible for this issue believed that the costs, freedom of travel and consumer pro- waste management industry was quite tection, but does not seem to be convinced clearly covered by the provisions of the in- It’s hip to be a euro-critic euro-critic be a to hip It’s that this means that everything in the ternal market. European world is neat and tidy and in or- der. In fact, he directly experiences the Thus Berlin points its finger towards Brus- disadvantages of European policymaking sels and tells the non-profit associations just as much as the advantages. Unfortu- via the local government “We cannot do nately, the disadvantages are talked about anything for you. These are the freedoms only by specialists or populists. of the internal market.” The reasons given # 2009/05 are correct in both legal and macroeco- In the following section two examples are nomic terms, and the political responsibil- adduced to illustrate how EU policymaking ity cannot be clearly assigned. It is true has an effect on important sections of so- that these decisions were made in Brus- ciety–which in a national context are ac- sels, but there is no mention of the fact cepted as an important source of feedback that Berlin actually participates in EU de- about a specific policy– and can influence cision-making. It would be more honest to their attitude to the project of European reply as follows. “We agree with the cur- integration. On a local level the effect of rent state of EU legislation and for the fol- certain internal market freedoms can lead lowing reasons,” or “We criticize the cur- to friction between basic political rights rent state of legislation and are in favour and local arrangements on the one hand of making the following changes.” spotlight europe

Here European policymaking affects EU A similar dispute is concerned with the ef- citizens in a direct and unmistakable way. fects of EU legislation on wage bargaining But at the same time clubs and societies in autonomy. ECJ judgements, as for example towns and villages are a powerful source in the case of Viking, Laval and Rüffert, of feedback with regard to their interpreta- are adduced as a warning that the EU is tion of the situation on the ground. “Vol- undermining basic rights such as the right untary work is being made more difficult to strike or wage bargaining autonomy. In by market economy principles. It is all the the case of Rüffert the ECJ ruled that only generally applicable wage agreements (i.e. two per cent) were binding for foreign employers. Thus with its definition of the law the ECJ has had an effect on the basic pillars of the German collective wage bargaining system. For this reason Frank Bsirske, chairman of the Ver.di trade union, argued in an open letter to Chan- cellor Merkel that the ECJ

Page 6 “claims to possess compe- tences to which it is not entitled and which have not been transferred to the European Union and fault of the EU.” It is difficult to say its institutions by Article 23 of the Basic whether cheaper telephone calls can dis- Law.” The Chancellor’s answer, which un- pel views of this kind. fortunately has not been made public, falls

back, going by the available quotations, on The issue cannot be the idea of calling the two arguments which have become de internal market into question. It is an im- rigueur in the European context. First, It’s hip to be a euro-critic euro-critic be a to hip It’s portant pillar of the European Union. such a matter could not gain sufficient Without the enforcement of the four basic support in Brussels, and, secondly, as a freedoms of the internal market and strict result of the Treaty of Lisbon–and espe- laws governing competition, a common cially the Charter of Fundamental Rights– currency would be difficult to envisage. everything was going to be much better. Whereas a group of specialists has for “You say nothing at all about this, dear years been discussing and conducting ne- Chancellor. Instead you point to the inclu- # 2009/05 gotiations on the role of the basic free- sion of the Charter of Fundamental Rights doms of the internal market in the area of in the Basic Treaty...,” Bsirske said in his the provision of essential services and lo- reply. cal self-government (for example, the Com-

mission’s green and white papers on ser- That trade unions and associations are vices of general interest, the protocol note powerful sources of political feedback is a of the Treaty of Lisbon on this subject, or truism on the nation-state level. Thus it is the subsequent communications by the all the more remarkable that this fact Commission), the official European dis- should be ignored when the topic is the course simply ignores these contradic- European Union. “Viking,” “Laval” and tions. “Rüffert” have become the war cries of the

trade unions and left-wing critics of

spotlight europe

Europe. Ignoring them certainly does not have a sense for what is true..” If he was help to generate more understanding for right, then surely Europe must plunge European policymaking. citizens into a state of emotional chaos. Who or what can they believe? Those who The responsibility which has been shunted tell them “Everything is going to be al- off to Brussels not only lacks an addressee right?” Or those who tell them “Everything because debates and votes in the European is going down the drain”? Especially when Council are not made public, but also be- what they experience is somewhere in be- cause unanimity and the principle of col- tween. The absence of a differentiated dis- legiality in the Commission have become course about the realities of European poli- cornerstones of European policymaking. tics paves the way for populists and radi- The European level cultivates rules of con- cal critics and is reminiscent in structural duct and negotiating practices based on terms of the asylum and migration debates diplomatic manners which have little to do of the 1990s. In those days the doctrine with a public struggle for a particular espoused by the state (“Germany is not a course of action based on democratic pro- country of immigration. We do not have a cedures, rules and regulations. The quality problem with foreigners.”) no longer cor- of the democratic process becomes appar- responded to reality and was thus very ent not only on account of its legitimacy, useful for those who wanted to make po- but as a result of transparency and per- litical capital out of the issue. The situa- ceivable responsibility. A differentiated tion first changed after the large political perception of the members of the Commis- parties had agreed to say “Germany is,

Page 7 sion is slowly beginning to emerge. An like all European states, a country of im- openly conducted conflict such as the one migration. And there is, as in all European between French President Sarkozy and EU states, an integration problem.” Trade Commissioner Mandelson last year is still rather rare. Originally this way of „Subsidiarity to be borne doing things was intended to protect the commissioners and to ensure that they in mind as responsibility.” were independent of their countries of ori- In order to restore credibility to the Euro- gin, but today it also facilitates undifferen- pean discourse and to pull the rug from tiated criticism of the Commission. Euro- under the populists’ feet there is a need pean policymaking, and this is a solemn for a similar shift in perception. Initially It’s hip to be a euro-critic euro-critic be a to hip It’s

declaration that crops up in every official this would involve an admission that there discourse, is an integral part of the daily are contradictions in European policymak- lives of Europeans. However, that the lat- ing, and that they need to be thrashed out ter do not only benefit from the advan- politically. This would entail not only re- tages of such policymaking, but sometimes specting the maturity of EU citizens and have to endure the disadvantages is usu- assuming responsibility for one’s political ally never mentioned. This vacuum devoid

# 2009/05 decisions by dealing with the societal con- of meaning is seized on by populists and sequences, but also including an aware- critics of Europe, and they fill it up with ness of such contradictions in the Euro- views of their own. pean policymaking process.

III Subsidiarity is an important principle. The endless and ongoing debate on this subject erroneously leads one to believe that lev- The Future European els function quite separately from one an- Discourse other and that the efficacy of specific measures remains confined to the areas “The people,” Kurt Tucholsky once wrote, for which political decision-makers are re- “may misunderstand most things, but they sponsible. However, subsidiarity cannot spotlight europe

merely be part of a debate about who is come apparent whether or not they can ac- responsible for what. Subsidiarity also tually mobilize voters, or if they are sim- signifies that every level of responsibility ply grabbing the headlines. It would not be has a duty to bear in mind and understand the first time at elections to the European the effect of its policies on other levels. Parliament that a good result was achieved Civil society and individual citizens would by a combination of a generally low turn- do well to ask their governments to act on out, the simultaneous mobilization of one’s these lines. “What do you intend to do own camp, and the support of numerous with regard to Europe?” is a sensible ques- protest voters. The Front National showed tion. It is also appropriate when there are how this can be done in previous elec- national and local elections. tions. So did the League of Polish Families, which on the basis of this selfsame recipe However, at the moment the critics of attained the second-best result in Poland Europe seem to be doing rather well. At in 2004. the European elections in June it will be-

For Further Reading:

Paul Magnette/Olivier Costa: Une Europe des élites? Réflextions sur la fracture démocratique de

Page 8 l'Union européenne. Editions de l'Université de Bruxelles, 2007

Nicole Doerr: Listen carefully. Democracy brokers at the European Social Forums. European University Institut, 2009

Dieter Fuchs, Raul Magni-Berton, Antoine Roger: Euroscepticism. Images of Europe among mass publics and political elites. Barbara Budrich Publishers, 2009

Sylvie Goulard: Le coque et la perle. Les cinquante ans de l'Europe. Edition Seuil, 2007

Thomas Risse et all: Transnational identities. Becoming european in the European Union. Rowman & Littlefield, 2004

It’s hip to be a euro-critic euro-critic be a to hip It’s

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