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Defining Democracy in the European Union

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Defining Democracy in the European Union LundUniversity SVT004 DepartmentofPoliticalScience Autumn2004 Supervisor:MatsSjölin DefiningDemocracyintheEuropeanUnion Assessingtheprocedureandthesubstance JohannaSeverinsson Abstract Theaimofmyessayistolookattheorganizationofdemocracyataninternational level,herewithintheEuropeanUnion.Bylookingatthedemocraticorganisationof the European Constitutional draft and the relation between procedural and substantive directives of democracy therein I am able to see what political behaviour the Constitution expresses in turns of creating a “government for the people” or a “government by the people”. By using historical, empirical and internationalinstitutionalismasatheoreticalframeworkIalsosetouttoanalysethe impact democratic conditions have had on the relation between substantive and proceduraldirectivesintheEuropeanConstitutionaldraft.Myfindingswherethat theproceduraldirectivesareflexibleandthesubstantivedirectivesnotspecifiedbut left for interpretation and adjustments to conditions and traditions inthe member states.Ialsofoundthattheconstitutionsetouttomeetsereraldemocraticproblems describedwithincontemporarydemocraticthinkingi.e.“thepowertoact”.Inorder tosalvecontemporarydemocraticproblemsthereisaneedtolookattherelation betweensubstantiveandproceduralapproachestodemocracy. Keywords:EuropeanUnion,Proceduraldemocracy,Substantivedemocracy, Democraticconditions,NewInstitutionslism. 1 TableofContent 1.INTRODUCTION __________________________________________________ 4 1.2MotiveforChoiceofSubject ______________________________________________5 1.2ThePurposeandaPresentationoftheResearchQuestions _____________________5 1.3DefinitionofKeyConcepts ________________________________________________6 1.4Theoreticalapproach ____________________________________________________6 1.5Earlierresearch _________________________________________________________9 1.6MethodologyandMaterial _______________________________________________10 1.7Delimitation ___________________________________________________________12 1.8Disposition ____________________________________________________________12 2.DEFININGDEMOCRACY _________________________________________ 13 2.1AproceduralapproachtoDemocracy______________________________________13 2.2AsubstantiveapproachtoDemocracy _____________________________________14 2.3TheRelationbetweenSubstantiveandProceduralapproachestoDemocracy ____16 3.DEMOCRATICCONDITIONSWITHINCONTEMPORARYPOLITICAL ORGANIZATIONINTHEEUROPEANUNION ___________________________ 18 3.1TheProcedureofDemocracyisnoLongerConsideredtobeStable _____________18 3.2GlobalProcesseshaveDislocatedthePoliticalSubstance______________________20 4.THEEUROPEANCONSTITUTIONALDRAFT _________________________ 21 4.1TheOriginandDevelopmentoftheConstitutionDraft _______________________21 4.2TheDemocraticBasesoftheUnion ________________________________________22 4.2.1ProceduralapproachestoDemocracyintheConstitutionDraft ________________22 4.2.1.1ThegeneralprinciplesofEUlaw ____________________________________22 4.2.1.2Whogoverns?Andtheirproceduraldirectives __________________________24 4.2.1.3Howarethendecisionsmade? ______________________________________25 4.2.2SubstantiveapproachestoDemocracyinTheConstitutionaldraft ______________27 2 4.3DiscussionaboutContemporaryDemocraticConditionsinfluenceontheEuropean ConstitutionsDemocraticOrganization _______________________________________29 5.CONCLUSIONS _________________________________________________ 31 REFERENCES 3 1.Introduction Thetheoryandideaofdemocracychangesconstantly.Whatdemocracyisandhow it should be organised varies with different outlooks of life and in different democratictheories.(Dahl2003p.13pp)Thetheoryandideaofdemocracyare seen as products of different societies in a historical context responding to conditions, problems and possibilities. A review and renewal of democracy take place constantly. (Olsson 1999 p. 20pp) Today key assumptions of democratic thinkingandpracticearebeingquestioned.Arethinkingaboutthenature,formand content of democratic politics is taken place and the nation state as the suitable democraticarenaischallenged.(Held1995:ixpp) HansAgne(2002)writesthatoneofthegreatpoliticalchallengestodayisto develop forms [to be read as arrangements ] for democratic decision-making that will work on an international level, to develop democratic forms [to be read as arrangements ]thatformulatesaccordingtospecificpoliticalcontexts.Forinstance, representativedemocracywasdevelopedwithinthepoliticalcontextofthenation stateandreferredtothedemocraticpossibilitiesandlimitationsofthenationstate. Hefindsthattodaythereisaneedtounderstanddemocracyinaninternationalised world.(Agne ISOU2002:82,p.59)TheEuropeanUnion(EU)isan exampleof democracy spread to an international level and it is seen as the most internationalised organisation in history. Its development has transformed the nationalistic democratic form [to be read as arrangements ] as the citizens of the Union can, and do invoke EU law against other individuals and their national governments.(March,Olsen1998p.967p)TodayEUismovingtowardsapplying aEuropeanconstitution,inpurposetomakeEUmoredemocratic,transparentand effective. (Presentation to citizens 2004 p.5) A problem that arises here is: what kindofdemocracyistheconstitutionstrivingfor? Whilestudyingtheorganisationofdemocraticdecision-making,oneendupin oneoftheoldestdemocraticdebatewheretoputtheemphasis;onsubstantiveor procedural aspects of democracy. Is it enough that democracy is defined as a procedure(i.e.thatthedecision-makingprocessisdesignedinaspecialway,for examplethatdecisionsaremadeaftertheprincipleofmajority)ordoesitneedto amplify a substance, a result (i.e. indicate what a democratic decision should contain)?(Lundquist1991p.64)Thisconflictconcernsthestatusoftheprinciples of democracy: should they be procedural or substantive? Between these two aspectsofdemocracythereisaconflict.Forexample:Procedures(suchasmajority rule) can produce unjust outcomes (such as discrimination against minorities). Substance principles in a democracy on the other hand can limit the democratic decision-making process (by implying a certain result that must be sustained). (Janda(ed)1995p.39p)Differentdemocraticforms [tobereadasarrangements ] put the emphasis differently on the dimension between procedure andsubstance. 4 Where does EU end up between the two democratic extremes in the capacity of beinganinternationaldemocracy? 1.2MotiveforChoiceofSubject Ifeelthatthestudyofpolicyhasalargerelevancefortheunderstandingoftoday’s policy making and, therefore, the limits and possibilities of democracy. By studying the European Constitutional draft and, the decision-making process and the content within I can reach an understanding of the future of democracy in Europe. I find the relation between substantive and procedural aspects of democracy to be intriguing, because it will give an indicator on if we will have “governmentforthepeople”or“governmentbythepeople”. In the essay I will be looking at what defines a procedural and substantive approachtodemocracyandlooknotonlyhowtheycanbeinterrelatedbutalsohow theycanconflict.Bybreakingdowntheinherentdemocraticstructureasdescribed intheconstitutionaldraftIwillbeabletoseewheretheemphasisisputbetween substantive and procedural aspects of democracy. By relating this emphasis to democratictermsandcircumstancesforpoliticalorganizationinEuropeIcanget an understanding of the influence of the democratic limits and possibilities in contemporarydemocraticorganization. 1.2 The Purpose and a Presentation of the Research Questions Themainpurposeofmy essayistolookattheorganizationofdemocracyatan internationallevel,herewithintheEuropeanUnion.Thiswillgivemeanindicator for how democracy can be organized on an international level. As a subsequent purpose I would like to see if contemporary democratic conditions have had an influenceontheorganizationofdemocracyattheEuropeanlevel. InordertoachievemypurposeIwillexaminefollowingresearchquestions: - HowisdemocracyorganizedwithintheEuropeanConstitutionaldraftinterms ofputtingtheemphasisonsubstantiveandproceduraldirectives? - Canweseeaconnectionbetweencontemporarydemocraticconditionspresent withintheEuropeanUnionandwhattherelationlookslikeintheconstitutional draft and between democracy’s emphases on procedural or substantive directive? InordertoclarifymypurposeandresearchquestionsIwillbelowdefinesomekey concepts. Thereafter I will describe the theoretical approach I will be having throughouttheresearch.Afterthatcomesadescriptionofearlierresearchthathas 5 beenconductedwithintheareasIamstudying.Thiswillthereafterbefollowedby adiscussionofthemethodologyandthematerialIcametouse. 1.3DefinitionofKeyConcepts AconstitutionisatextthatcontainsthefundamentalrulesofaStateoragroupof States. The rules answer several questions. How is the division of powers arranged? How do the institutions work?Whatmeans can be used to implement policies?Whatvaluesareupheld?Whatarethe citizen’sfundamental rights?(A constitutionforEurope2004p.3) The European Union is a supranational organization of 25 European states (sinceMay2004),holdingapproximately453millioncitizens.Thememberstates co-operate on certain political and economical issues giving away parts of their sovereigntytotheUnion.Ithasbeendescribedasaninternationalorganizationand asaconfederationbutshouldratherbeseenasauniquecharacter.Thepurposeof theUnion,asitwascreatedbysixmemberstatesin1952,wastorebuildEurope after the Second
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