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The European Senate – the Road Towards a Closer Link with EU Citizens?

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18th MEETING OF THE ASSOCIATION OF EUROPEAN SENATES Ljubljana, 1-2 June 2017 CONTENTS Thursday, 1 June 2017 ............................................................................................................................. 3 Opening of the 18th Meeting ............................................................................................................... 3 Mitja Bervar, President of the National Council of the Republic of Slovenia, President of the 18th Meeting of the Association of European Senates ........................................................................... 4 Milan Brglez, President of the National Assembly of the Republic of Slovenia .............................. 6 Thursday, 1 June 2017 ............................................................................................................................. 8 Seminar: The European Senate – The road towards a closer link with EU citizens? .......................... 8 Mitja Bervar, President of the National Council of the Republic of Slovenia ................................. 9 Franc Grad, Professor of Constitutional Law ................................................................................. 13 Milan Stech, President of the Czech Senate .................................................................................. 16 Ankie-Broekers-Knol, President of the Eerste Kamer der Staten-Generaal .................................. 21 Colette Melot, Secretary of the French Senate ............................................................................. 27 Stanislaw Karczewski, President of the Polish Senate................................................................... 30 Friday, 2 June 2017 ................................................................................................................................ 32 Seminar: Second chambers facing the challenges of time ................................................................ 32 Mitja Bervar, President of the National Council of the Republic of Slovenia ............................... 33 Ernst Godl, Vice-President of the Federal Council of Austria ........................................................ 37 Christine Defraigne, President of the Belgian Senate ................................................................... 43 Bariša Čolak, Speaker of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina ................................................................................................................................... 48 Milan Stech, President of the Senate of the Parliament of the Czech Republic ........................... 52 Colette Melot, Secretary of the Senate of the French Senate ...................................................... 56 Georges Wivenes, President of the Council of State of the Grand Duchy of Luxembourg ........... 61 Ankie Broekers-Knol, President of the First Chamber of the States General of the Netherlands 65 Stanislaw Karczewski, President of the Polish Senate................................................................... 68 Calin Popescu-Tariceanu, President of the Romanian Senate ...................................................... 71 Nikolay Fedorov, First Deputy Chairman of the Council of the Federal Assembly of the Russian Federation ..................................................................................................................................... 75 Pio Garcia-Escudero, President of the Spanish Senate ................................................................. 80 Géraldine Savary, Vice President of the Swiss Council of States .................................................. 84 2 Thursday, 1 June 2017 Opening of the 18th Meeting 3 Mitja Bervar, President of the National Council of the Republic of Slovenia, President of the 18th Meeting of the Association of European Senates Welcome in our midst. It gives me great pleasure to be able to greet you on behalf of the National Council of the Republic of Slovenia. I thank you very much for participating at the 18th meeting of the Association of European Senates. Sadly, the representatives of United Kingdom and Italy because of other pressing engagements could not participate. Additionally, we have invited the president of the Irish senate that the Irish senate submits a request for membership in the Association of European Senates, so that at this meeting we could vote on their membership in our association. We have received a response of the president of the Irish senate, saying that he is positively disposed towards the Association of European senates, and that he is actively analyzing the question of membership of the Irish senate. He expressed openness to future cooperation with the Association of European Senates, and wished us a pleasant conference. His response is included in your material. The National Council is a founding member of the Association of European senates and is organizing a meeting for the second time. The first time was in 2002 as the meeting took place at the headquarters of the National Council in Ljubljana. We have made a decision that this meeting should be organized at the Brdo Congress Center next to the eminent and historically significant renaissance castle Brdo. I would also like to inform you that in 2001 this building hosted an exceptional event between the American president G.W. Bush and Russian President Vladimir Putin. The Congress Center Brdo was built as Slovenia presided over the European Union in 2008, and we hosted a meeting at the highest European level. Since, it has been used for conferences such as today’s meeting of the Association of European Senates. The congress center is very useful, but its expansion is planned for the next presiding of Slovenia over the European Union in 2021. The opportunity for the National Council at the 25th anniversary of its functioning to host this meeting, is very important and eminent for us. We are very proud, so I would like to thank you all for your participation. For an efficient functioning of the parliament in modern democratic states it is very important that both chambers in bicameral systems cooperate. Almost all countries with bicameral systems are experiencing the famous antagonism between the upper 4 and lower chamber. In Slovenia, we would like to emphasize the great cooperation between the National Council and the National Assembly that have headquarters in the same building - The Parliament. We wish to nurture these good relations in the future, so I have invited to our meeting the president of the national assembly, Dr. Milan Brglez. 5 Milan Brglez, President of the National Assembly of the Republic of Slovenia I would like to warmly welcome you all to Slovenia at the 18th meeting of the Association of European Senates. I would like to emphasize how glad I am that the National Council can host this event at the 25th anniversary of its founding, which coincides with the founding of the National Assembly of the Republic of Slovenia. The main question as the theme of this meeting regarding the need for a bicameral European parliament is not only interesting, but very ambitious. Why ambitious? You are probably aware of the position of European cooperation. It is facing challenges that were only a few years ago unimaginable, challenges resulting from one of the member states leaving the European family, and challenges of global events combined the inability of the European Union to react appropriately, timely, and uniformly. While taking into account the mentioned challenges and the fact that after last year’s Brexit only 27 different, individual member states remain, I believe that discussing a bicameral arrangement at the level of European parliament is a very ambitious task. The execution of bicameralism in practice, its execution, is everything but simple. Bicameralism, based on division of power and cooperation in decision-making, first appeared in this form in the antique Greece and Rome, and as such correspondingly had a great influence on European philosophers and thinkers in the middle ages. The value of democracy added to bicameralism a new level of checks and balances, enabled an opportunity for additional discussion for adopted legislation, prevented rashness and enabled better quality legislation. To use the words of victor hugo, as Christian Poncelet did at the founding of the Association of European Senates: two heads think better than one. In theory, the mentioned seems logical and extremely simple, something, without which a well-functioning democracy and high-quality representation system can barely be imagined. Practice is oftentimes very different. Even our, the Slovenian experience, can be a good example. 25 years ago, as we set off to the path of independence and sovereignty, we pondered over the question of unicameralism or bicameralism. We have finally reached a compromise, with which both the National Council and the National Assembly gained a place in the Slovenian Constitution. Although we have placed the National Council in a different, perhaps even unequal position compared to the National Assembly, it holds and 6 important role. It was formed and envisaged as an institution, which will as a body of profession, theory and education, counter the overreaching influence of partisan politics in adopting legislation in the National Assembly. It was imagined as an institution that will contribute to a smarter government, higher quality legislation and decrease of democratic deficit in the country.
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