ELECTIONS TO THE EUROPEAN PARLIAMENT AS A CHALLENGE FOR DEMOCRACY European Integration and Democracy Series Vol 2 European Integration and Democracy Series Editor-in-Chief ELŻ BIETA KUŻ ELEWSKA, University of Białystok, Poland Series Editors DANIEL BARNHIZER, Michigan State University, United States of America TOMAS BERKMANAS, Vytautas Magnus University, Kaunas, Lithuania FILIP KŘEPELKA, Masaryk University, Brno, Czech Republic ERICH SCHWEIGHOFER, University of Vienna, Austria RYSZARD SKARZYŃSKI, University of Białystok, Poland KONSTANTY A. WOJTASZCZYK, University of Warsaw, Poland ELECTIONS TO THE EUROPEAN PARLIAMENT AS A CHALLENGE FOR DEMOCRACY European Integration and Democracy Series Vol 2 Edited by Elżbieta Kużelewska and Dariusz Kloza Warszawa–Białystok 2013 Editors Elżbieta Kużelewska Dariusz Kloza Centre for Direct Research Group on Law, Science, Democracy Studies (CDDS) Technology & Society (LSTS) University of Białystok and Institute for European Studies (IES) Mickiewicza 1 Vrije Universiteit Brussel 15-213 Białystok Pleinlaan 2 Poland 1050 Brussels [email protected] Belgium [email protected] Review CATERINA CARTA, Vesalius College, Vrije Universiteit Brussel, Belgium STEFANO BRAGHIROLI, Institute of Government and Politics, University of Tartu, Estonia TANEL KERIKMÄE, Tallinn Law School, Tallinn University of Technology, Estonia Cover design BARBARA KUROPIEJSKA-PRZYBYSZEWSKA Cover illustration General Illustration of the Hemicycle Of the EP: © European Union 2010 Paul-Henri SPAAK Building and Brussels’ Empty Hemicycle: © Association des Architectes du CIC: Vanden Bossche sprl, CRV s.A., CDG sprl, Studiegroep D. Bontinck Layout OFI © Copyright for the content by the University of Białystok, 2013 © Copyright for the layout by Ofi cyna Wydawnicza ASPRA-JR, Warszawa 2013 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfi lming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifi cally for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Ofi cyna Wydawnicza ASPRA-JR 03-982 Warszawa, ul. Dedala 8/44 tel. 0-602-247-367. tel./fax 870-03-60 e-mail: ofi [email protected] www.aspra.pl ISBN 978-83-7545-489-5 Foreword by Prof. Jerzy Buzek MEP Why should we bother to elect someone to the European Parliament in the fi rst place? For the voters – for EU citizens – this is the most important question. Does the Parliament change something in my everyday life; does it affect my work; does it determine my comfort of living and the future of my family? We must answer these simple but fundamental questions. Especially in the face of today’s general disappointment with politics, refl ected in low electoral turnouts. We know it is important to vote in local elections. We understand that the councils of our towns and districts settle questions related to our immediate environment. We know it is important to vote in parliamentary elections. They determine the composition of our countries’ governments, their policies and the way they approach key issues regarding the development of the state. And yet, we are still reluctant to pay similar attention to European elec- tions. The European Union has proven to have a huge impact on the reality in which we live. And while we believe that this infl uence is almost entirely positive, we are still not convinced that the European Parliament can affect the lives of individuals in each of the Member States. This impact cannot be overestimated. The Parliament is the only EU insti- tution whose members are elected by universal suffrage. With the entry into force of the Lisbon Treaty – which I successfully fought for when serving as EP president – we have gained new, broad responsibilities. We decide about almost forty policy areas, including the budget, structural funds, energy or ag- riculture. The EP is involved in the creation of a common foreign and security policy. Moreover, it exercises control over the other EU institutions. During the crisis, the Parliament has proven many times that it is not a dum- my of national legislative chambers. Decisions that were made here saved the EU from bankruptcy. Contrary to governments’ positions, MEPs blocked the Swift agreement that would allow American intelligence to use data from bank accounts of millions of Europeans. The EP fought hard and successfully to provide funds in the 2014-2020 EU budget for creating new jobs, support- 5 Jerzy Buzek ing small and medium-sized enterprises and enhancing their competitiveness. Last but not least, the deputees buried the controversial ACTA agreement that aroused opposition of millions of citizens in all Member States. In the spring of 2014 we will hold the most important general elections in the history of Europe. The next fi ve years can determine the future of our continent for many decades to come. Can there be a more appropriate moment to listen to European issues and to refl ect on the impact of “Brussels and Stras- bourg” on the lives of citizens of Białystok, Parma or Lahti? I am convinced that a good understanding of the EU, to which the book you have just opened will undoubtedly contribute, will encourage everyone to a more active participation in the shaping of European democracy. After all, the European Union is not “them”. It is “us”. All of us. Jerzy Buzek, MEP President of the European Parliament (2009-2012) Prime Minister of Poland (1997-2001) 6 Contents Foreword by Prof. Jerzy Buzek MEP . 5 Preface: Eighteen Views on the Legitimacy Crisis and the Elections to the European Parliament . 15 Abbreviations. 23 PART ONE – THE INSTITUTION 1 How European are the European Elections? The European Parliament’s Long Struggle for a Direct and Universal Suffrage Conducted According to a Uniform Electoral Procedure. 27 Rafał Trzaskowski MEP and Joanna Popielawska 1.1 The European Parliament’s struggle for a direct universal suffrage . 28 1.2 Towards a more uniform electoral system. 31 1.3 How much uniform are European elections today?. 33 1.4 The European Parliament’s latest struggle for a more uniform electoral system. 36 1.5 What next?. 38 1.6 Conclusion. 40 Bibliography . 41 2 Do the Groups in the European Parliament Really Form a Party System?. 43 Davide Denti 2.1 Introduction . 43 2.2 European Party Groups: are they parties? . 44 2.2.1 Party organisation. 45 2.2.2 Party cohesion. 46 2.2.3 Party stability and structure . 48 2.3 The party system of the European Parliament. 49 2.3.1 Alignment . 49 2.3.2 Competition . 50 2.3.3 Linkage and congruence. 51 7 Contents 2.3.4 The party system of the European Parliament: prospects and challenges . 52 2.4 Conclusions. 53 Bibliography . 55 3 Can “Electoral Engineering” Bring Europe Closer to its Citizens? . 57 Elena Cîncea 3.1 Introduction . 57 3.2 Direct elections - a fi rst step towards a European polity . 58 3.3 The role of European parties and electoral engineering in reducing the “democratic defi cit” . 61 3.4 The effects of the electoral reform on the Romanian electorate . 68 3.5 Conclusions . 70 Bibliography . 72 4 Gender Quotas in the Elections to the European Parliament . 75 Magdalena Półtorak 4.1 Introduction . 75 4.2 Defi nition, concept and types of quotas . 76 4.3 Belgium . 78 4.4 France . 79 4.5 Spain. 80 4.6 Portugal. 81 4.7 Slovenia . 82 4.8 Italy. 83 4.9 Poland. 83 4.10 Conclusions . 85 Bibliography . 87 5 Citizen – European Parliament – External Action of the European Union: Selected Issues . 89 Tomasz Dubowski 5.1 Introduction . 89 5.2 Citizen – European Parliament. The concept of representation . 90 5.3 Citizen – EU external action. Selected issues . 93 5.4 European Parliament – EU external actions. Selected issues . 98 5.5 Conclusions . 101 Bibliography . 103 8 Contents 6 The Empowerment of the European Parliament in Political and Constitutional Discourse. 105 Franciszek Strzyczkowski 6.1 Introduction . 105 6.2 Historical account . 106 6.3 Discourse . 109 6.4 Rational choice theory . 110 6.5 Sociological institutionalism . 115 6.6 Conclusion . 117 Bibliography . 118 PART TWO VOTING SYSTEMS TO THE EUROPEAN PARLIAMENT IN SELECTED MEMBER STATES OF THE EUROPEAN UNION 7 European Parliamentary Elections in Belgium . 123 Maaike Geuens 7.1. Introduction . 123 7.2. European context . 124 7.2.1 European electoral legislation . 124 7.2.2 Voter turnout on the EU level . 125 7.2.2.1 General assessment . 125 7.2.2.2 Why a decline in voter turnout? . 127 7.2.3 Possible recommendations on the European level . 130 7.3 Belgium . 136 7.3.1 National electoral legislation applicable to European Parliamentary elections . 136 7.3.2 Belgian turnout in European elections . 137 7.3.2.1 Coinciding regional and European elections. 138 7.3.2.2 Compulsory voting . 140 7.3.2.3 Second-order elections . 140 7.3.2.4 Recent developments. ..