The core principles of European democracy

1
The core principles of European democracy

• Dr Lawrence Pratchett
• De Montfort University, UK

2
The democratic dichotomy

• DEMOCRACY TRIUMPHS!
• For the first time in its history democracy is
  the dominant mode of political organisation in
  almost every European country
• DEMOCRACY FAILS!
• There are significant concerns with the growing
  democratic deficit and wider failings of
  democracy in modern society

3
Democracy and the Council of Europe

• All member states reaffirm commitment to
• individual freedom, political liberty and the
  rule of law, principles which form the basis of
  ALL GENUINE DEMOCRACY (CoE Statute, 1949)
• European Convention on Human Rights
• Article 9 Freedom of thought, conscience and
  religion
• Article 10 Freedom of expression
• Article 11 Freedom of association
• Article 3 (protocol 1) Free elections

4
But there are significant constraints

• The Council promotes democracy but is not
  responsible for it
• Democracy is a perpetually incomplete project
• Democracy is not a settled concept or goal

5
The Councils acquis

• The formal acquis
• Conventions, treaties and charters
• The developed acquis
• Committee of Ministers, Parliamentary Assembly,
  CLRAE
• The interpreted acquis
• Venice Commission, GRECO etc
• Our purpose critical analysis of this acquis in
  the context of the democratic dichotomy 5 main
  principles

6
Principle 1The primacy of Parliaments

• Parliament expression of the will of the
  people and public interest
• Makes laws
• Balances power of the executive
• Speaks on behalf of the people
• But
• It may be an efficient institution but is it
  declining in legitimacy?
• How can the primacy of parliaments be matched to
  alternative forms of citizen engagement?

7
Principle 2Representation

• Reinforcing representative democracy
• A plurality of political parties
• Setting/monitoring election standards
• Supporting electoral innovations
• But
• This principle ignores changing political
  repertoires/agencies
• Has different implications in different contexts
  (e.g. e-voting)

8
Principle 3Transparency and accountability

• Confirming to citizens that government is working
  in their interests
• Public service ethics
• Stamping out corruption
• Free and active media
• Media freedom
• Media pluralism/independence
• Media regulation

9
Principle 4Local democracy and subsidiarity

• Significant activity from all pillars in this
  area, but what is it trying to achieve
• Strengthening wider democratic practices?
• Pluralism and diversity?
• Local responsiveness?
• Local self-government?
• Commitment to subsidiarity and local-self
  government at the Council level but
  implementation problems among member states

10
Principle 5Participation and civic society

• A response to the democratic deficit of
  conventional institutions?
• Direct participation referendums etc
• Targeting marginalised groups (young people,
  ethnic minorities, women etc)
• Building civil society (NGOs etc)
• More than others, these initiatives are responses
  to the challenges.
• But how do they link to the focus on
  representation?

11
Tensions in developing democracy

• What type of democracy does Europe want?
• How does the Council expect different
  institutions to fit together?
• Are the problems/opportunities the same
  everywhere?
• Should there be convergence or divergence in
  democratic institutions?
• Is there a need for democratic stability or
  democratic change across Europe?

12
Conclusions

• A great acquis on which to build
• But there is no time for complacency
• Understanding the acquis is the first step in
  introducing reform proposals that can build upon
  the Councils democratic ambitions.