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Democracy and                                                                                                    October 2012




Legitimacy in an
Economic Union
Rodrigo Castro Nacarino, Stefaan De Corte
and Roland Freudenstein1

Policy Brief
Table of contents
Table of contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Abstract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
The building blocks of an economic union. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Increased powers necessitate increased politicisation and legitimacy. . . 7
Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
About the authors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15




1
    We are grateful to Christian Kremer, Siegfried Muresan and Vit Novotny for their comments and suggestions.
Democracy and Legitimacy in an Economic Union
    October 2012



    Abstract
        The sovereign debt crisis in some EU Member States has shown that greater eco-
    nomic convergence, the long-term sustainability of public finances and a European
    approach to banking regulation and resolution is necessary in order for the eurozone
    to become a sustainable currency area. This requires further economic, budgetary,
    financial, and thus political, integration of the European Union. However, when EU
    governance mechanisms are implemented or strengthened there is a need to reinforce
    the democratic legitimacy of institutions and procedures.

        In the short term, work should be continued to introduce transnational lists of
    candidates for the European Parliament and the standard use of roll call voting; the
    biggest political families should declare their candidate for Commission president
    before the upcoming elections; and more regular high-level consultation and dialogue
    between members of national parliaments and European policymakers on economic,
    financial and budgetary policies should take place.

       When it comes to long-term reforms, this policy brief puts these proposals up for
    debate: attributing the right of initiative to the European Parliament and the Council, in
    addition to the Commission; the direct election of the president of the executive, the
    European Commission; and having the president of the executive also taking up the
    role of president of the European Council. Moreover, the European Parliament should
    be more involved in decision-making, particularly on economic policy.


       Keywords: Budgetary coordination – Convergence – Democratic deficit – Econo-
    mic governance – European elections – European Parliament – Sovereign debt crises




    Introduction
        This policy brief focuses on the impact that the new steps being taken towards
    economic integration will have on the democratic legitimacy and accountability of the
    European institutions. It also puts up for debate proposals for tackling what we believe
    will be an increased democratic deficit.

2      In order to do this, the brief first lists the current failures within the EU’s economic
    governance structure and formulates solutions for these. Next, the current issues
    concerning the democratic deficit and its connection to an enhanced economic union
    are listed. Finally, we present a series of practical short-term steps and our long-term
    view of how to alleviate the democratic deficit.
Democracy and Legitimacy in an Economic Union
                                                                                              October 2012




    The building blocks of an
    economic union
    Introduction

       The current financial and sovereign debt crisis has revealed a lack of economic,
    budgetary, financial and political integration in the European Union. On the one hand,
    huge discrepancies in the economic and budgetary performance of Member States
    have become visible and have caused a huge strain on the euro area. On the other
    hand, the management of the crisis has shown the limits of the current financial and
    political decision-making processes.

       Since the start of the crisis, several initiatives have strengthened the governance of
    economic and budgetary policy coordination amongst the EU Member States. In addi-
    tion, actions have been implemented to render the political decision-making process
    more efficient and effective. Moreover, a new financial supervisory architecture has
    been agreed and implemented, and recent decisions are likely to strengthen this archi-
    tecture further.2

       In what follows, we will briefly highlight what, in our view, is still lacking in the cur-
    rent governance framework and will formulate proposals to solve these issues.
    `

    Identifying the current issues

    Convergence

        As the Optimal Currency Area (OCA) theory teaches us, a common central bank will
    never be able to fix an optimal interest rate if the economic cycles that make up the
    currency area diverge considerably.3 During the economic crisis the need for greater
    convergence also became visible through the existence of huge, so-called macro-
    economic imbalances between the economies of the different Member States. Based
    on the OCA theory and these imbalances, the current crisis shows that the euro area
    will only be sustainable when the different economies that make up the currency area
    converge.

2
 Euro Area Summit Statement’, 29 June 2012, accessed at http://consilium.europa.eu/uedocs/cms_data/
docs/pressdata/en/ec/131359.pdf on 20 July 2012. The Commission’s proposals for a banking union and          3
the ‘two-pack’: European Commission, ‘EU Economic Governance’, website of the European Commission,
accessed at http://ec.europa.eu/economy_finance/economic_governance/index_en.htm on 21 September
2012; and European Commission, ‘Commission Proposes New ECB Powers for Banking Supervision
as Part of a Banking Union’, website of the European Commission, accessed at http://ec.europa.eu/
commission_2010-2014/barnier/headlines/news/2012/09/20120912_en.htm on 21 September 2012.
3
 For an overview of the Optimal Currency Area theory and its implications, we refer to R. Baldwin and C.
Wyplosz, The Economics of European Integration, 3rd ed. (Maidenhead: McGraw-Hill, 2011), ch. 11.
Democracy and Legitimacy in an Economic Union
    October 2012


    Debt sustainability

        High levels of private and/or public debt reduce an economy’s growth potential and
    a company’s and/or government’s ability to absorb economic shocks or to take policy
    initiatives (e.g. to invest in infrastructure, education, or research and development).
    And as we have witnessed during the financial crisis, private liabilities can quickly
    become public debt. Moreover, combined with a lack of competitiveness, high levels
    of debt create a dangerous cocktail, as lenders start to doubt the borrower’s ability to
    repay the debt. For these reasons, we believe that fiscal discipline should be a guiding
    principle in future public policymaking.


    Banking regulation

        Within the euro area, the main creditors of Member States are financial institutions.
    And, as financial markets are interlinked, this has an immediate impact on the credit–
    worthiness of financial institutions, and consequently on the states that explicitly or
    implicitly deliver guarantees to these creditors. This negative feedback loop creates a
    situation where countries, often already facing financial difficulties, are asked to sup-
    port weakened banks; a more European approach to control mechanisms, as well as
    liabilities, would create a healthier situation.

        As we see economic convergence, improved debt sustainability and a European
    approach to banking regulation as priorities for a long-term solution to the sovereign
    debt crisis, we would advance the following goals in addition to the execution of what
    has already been agreed upon (the Integrated Guidelines;4 six-pack;5 Treaty on Stabi-
    lity, Coordination and Governance in the Economic and Monetary Union; the EU2020
    strategy; the Euro-plus Pact; and the European System of Financial Supervisors).


    Towards an economic union

    Power to overrule

      With over 1% of the EU’s gross domestic product (GDP) in funds to be invested at
    EU level (+/- 2% of all public spending in the EU), it is essential that the EU institutions
    coordinate their economic and budgetary policies with the Member States. In addition,


4
    4
     The Integrated Guidelines were decided upon in accordance with Article 121 of the Treaty on the 		
    Functioning of the European Union.
    5
     Detailed information on the six-pack, the Treaty on Stability, Coordination and Governance in the Economic
    and Monetary Union, EU2020, the Euro-plus Pact and the European System of Financial Supervisors can be
    found at http://ec.europa.eu/europe2020/priorities/economic-governance/index_en.htm and http://ec.europa.
    eu/internal_market/finances/committees/index_en.htm.
Democracy and Legitimacy in an Economic Union
                                                                                              October 2012


as the biggest fiscal leverage is to be found at Member State level, the EU’s powers
to coordinate the economic and budgetary policies of the Member States should be
strengthened. It is only when this two-way coordination is enhanced that the needed
economic convergence will occur.

   We therefore support the idea of using the European Semester of policy coordina-
tion.6 It is important not only to have a discussion about national economic policies
and budgets based on an EU assessment, but to discuss economic and budgetary
policy coordination between the EU and its Member States, and between Member
States themselves. In practical terms, this means there should be annual coordination
on how to invest, on the one hand, the Union’s budget and, on the other hand, the
national and regional budgets of the EU Member States.7 In addition, the EU and the
Member States should coordinate their main policy initiatives in order for them to meet
the agreed economic and budgetary policy targets.8

    However, this discussion should not only be about peer pressure; there should
be real executive power at EU level to overrule decisions that go against the overall
agreed EU economic and budgetary policy (that is, the broad guidelines of the eco-
nomic policies of the Member States and of the Union, as defined in Article 121 of the
Treaty on the Functioning of the European Union (TFEU)). Thus, there should be fewer
rules, but more effective decision-making authority. One could assign this responsibi-
lity to the European Commission. Its commissioner for economic and monetary affairs
and the euro would be empowered to overrule decisions or, in particularly severe
cases, formulate a proposal to overrule a decision in the Council and the European
Parliament. In legal terms, this necessitates changes and the introduction of new para-
graphs to Article 121 of the TFEU.

   Alongside this effective decision-making authority to be installed at EU level, there
should be increasingly severe implications for the governance of the economic and
budgetary policy of those EU Member States which benefit from financial assistance.
When certain agreed policy targets are missed and no corrective action is undertaken,
that is, a breach of contract occurs, the EU institutions should be empowered to over-


6
 The current European Semester is a six-month period each year during which Member States’ budgetary,
macro-economic and structural policies are coordinated effectively so as to allow Member States to take
EU considerations into account at an early stage in their national budgetary processes and in other aspects
of economic policymaking. For more information see http://ec.europa.eu/europe2020/priorities/economic-
governance/index_en.htm.
7
 Tax revenues as a percentage of GDP represent between 28% (Ireland) and 48.2% of GDP (Denmark) in              5
selected EU Member States (OECD, Tax Revenue as % GDP, accessed at http://www.oecd.org/statistics/
on 12 March 2012).
8
  The EU’s economic and budgetary policy is laid down in the Integrated Guidelines, and, within the
framework of the European Semester, more detailed policies have been agreed upon within the Council,
based on the Stability and Growth Pact, the EU2020 Strategy, the Euro-plus Pact, and the Treaty on Stability,
Coordination and Governance in the Economic and Monetary Union.
Democracy and Legitimacy in an Economic Union
    October 2012


    rule fundamental elements of the budgetary policy of the Member State. In legal terms,
    this necessitates changes to Article 126 of the TFEU, in addition to the changes to
    Article 121 outlined above. Changing the treaties requires, at the very least, approval
    in all national parliaments of the Member States of the European Union.


    An orderly default mechanism and European Debt Certificates

       In addition to strengthening coordination to obtain convergence, avoid moral ha-
    zard and provide financial assistance to an insolvent country, an orderly default me-
    chanism for Member States should be developed. The decision to apply International
    Monetary Fund standards in the framework of the private sector’s involvement when
    the European Stability Mechanism is activated is a step in the right direction, but more
    detailed plans are necessary.9

       This orderly default mechanism, in combination with strengthened economic and
    budgetary governance, should go hand in hand with the introduction of European Debt
    Certificates, as described in an earlier Centre for European Studies’ (CES) policy brief
    by Geeroms, Moesen and De Corte, or another mechanism of debt mutualisation.10


    Robust financial markets

       In addition to these initiatives, financial markets should increase their robustness in
    order to cope with an orderly default by a financial institution or a Member State. This
    relates not only to capital requirements, but also to the development of a European
    banking resolution scheme and a European deposit guarantee scheme.


    A truly single market

        As a final element, we agree that the accomplishment of the Single Market, which
    is far from complete, would be a major driver for economic convergence. A single
    labour market, where European citizens can move freely within the Union to those
    areas where the chances of employment are highest, does not exist. Nor do we have
    a single market in services, where doctors, lawyers and other professionals do not
    encounter obstacles to executing their profession in another Member State. Therefore,
    we support all initiatives (e.g. the Single Market Act) that contribute to the creation of a
    truly single market.
6

    9
        European Council Decision of 16 and 17 December 2010. 						
     H. Geeroms, W. Moesen and S. De Corte, ‘The EU at a Crossroads: An Action Plan’, Policy Brief, Centre for
    10

    European Studies (Brussels, 2011), 6, accessed at http://www.thinkingeurope.eu/publications_policybriefs_
    bytopic.asp on 20 July 2012.
Democracy and Legitimacy in an Economic Union
                                                                                           October 2012




Increased powers necessitate increased
politicisation and legitimacy
Introduction

    Over the last sixty years the European Union has evolved from a very concrete and
limited form of cooperation (the European Coal and Steel Community, which was,
however, ambitious for its time) to a European Union composed of 27 Member States
(28 in 2013). The world has also changed in the course of these years, with globali-
sation making traditional nation-state structures insufficient for dealing with complex
common challenges. Building on a functionalist logic, which consists of taking small but
safe steps, the EU has slowly but successfully widened and deepened as an econo-
mic and political project. As described in the previous section, economic convergence,
mechanisms to ensure debt sustainability, and a European approach to banking reso-
lutions and regulation are the current inevitable driving forces behind a more integrated
euro area and, taking into account globalisation, a more integrated European Union.

    However, as the president of the European Council has already identified in his
report,11 a more integrated Union can only be sustained when mechanisms are put in
place to increase the citizens’ ownership of Europe-wide decisions. In the following
paragraphs we outline the current issues and formulate potential options to close the
widening gap between policymakers and citizens. In this sense, we hope that this po-
licy brief can contribute to the debate on the democratisation of the European Union’s
decision-making processes.


Identifying the current issues

The right of initiative

    Under the Treaty of Lisbon and all previous treaties, the European Commission
is the sole institution with the right to initiate legislative proposals. The main reason
for this is that the European Commission, as a completely independent body, is best
placed to represent the Community interest. However, the consequence of this is that
the European Parliament, although it has directly elected members, is unique in that it
has no right of legislative initiative.

                                                                                                          7

 H. Van Rompuy, ‘Towards a Genuine Economic and Monetary Union’, Report by the President of the
11

European Council (Brussels, 2012), 6, accessed at http://ec.europa.eu/economy_finance/focuson/crisis/
documents/131201_en.pdf on 15 July 2012.
Democracy and Legitimacy in an Economic Union
    October 2012



    Current involvement in decision-making procedures

        The Council is currently more often involved in decision-making procedures
    related to economic and budgetary policies than the European Parliament. Article
    121(2) of the TFEU reads as follows: ‘The Council shall, on a recommendation from
    the Commission, formulate a draft for the broad guidelines of the economic policies
    of the Member States and of the Union, and shall report its findings to the Euro-
    pean Council.’12 When economic policies increasingly become a matter of common
    concern, questions should be raised about the involvement of the European Parlia-
    ment in these decision-making procedures.


    Turnout in European elections

       The turnout for the elections of the Members of the European Parliament (MEPs)
    has fallen from 62% participation in 1979 to a disappointing 43% in 2009. This de-
    creasing interest has paradoxically run in parallel with the progressive increase of the
    Parliament’s powers. If fundamental decisions about the economic and budgetary
    policies of the EU and its Member States are to be co-decided at the EU level,13 rein-
    forcement of the democratic legitimacy of the European institutions through higher
    voter turnout represents a major challenge.


    The Commission as a ‘completely independent body’

        The idea of having a supranational authority that can overrule national decisions
    when it comes to economic affairs raises yet another important question: can we
    differentiate between economic choices and political ones? This question is particu-
    larly relevant when we think of the nature of the European Commission, that is to say,
    a ‘completely neutral body’ according to the TFEU.14 We could fairly argue that the
    Commission is already de facto political. The actual question then is whether or not
    this politicisation should be institutionalised. And, if the politicisation is institutiona-
    lised, what will the consequences be for the Commission’s role as the ruling authority
    in, for example, competition or single market infringement cases?


    The election of the president of the European Council

8      According to the Treaty on European Union (TEU), ‘The European Council shall pro-
    vide the Union with the necessary impetus for its development and defining its general

    12
         Art. 121(2), TFEU.											
    13
      It remains to be seen if this co-decision will take place amongst the members of the euro area or amongst
    all members of the European Union.
    14
         Title I, Art. 17(3), TFEU.
Democracy and Legitimacy in an Economic Union
                                                                                               October 2012


political directions and priorities’.15 Even if the democratic legitimacy of the European
Council is unquestionable (the heads of state/government are directly elected by citi-
zens or through national parliaments), the election of its president could be more trans-
parent. We must find a way to make people connect with that person whom we ideally
think of as the person to provide impetus and direction to the Union.


Involvement of the national parliaments

    In a Union with enhanced economic powers, the exchange of information and coor-
dination between national (be it administrations or parliaments) and European insti-
tutions will be of major importance. While a supranational European authority should
have a wide view of how the European economy is working, national parliaments could
contribute with a more concrete definition of the specific needs of given Member
States.


Our short-term proposals

   Ever since the late 1990s, proposals have been made to incrementally reform the
European election process in order to reduce the democratic deficit. In some cases,
the immediate goal was to reverse declining voter turnout at European elections, but
the strategic goal has always been to address legitimacy on a strategic level. Let us
focus on proposals which seem within reach without a major treaty change: the intro-
duction of transnational lists of candidates and the standard use of roll call voting,16
some form of direct election for the Commission president and more frequent dialogue
between national and European parliaments (or their committees).

    The introduction of transnational lists and the standard use of roll call voting would,
first of all, politicise the Parliament, in the sense that they would give more weight to
ideological differences at the EU level. The nationality of MEPs, individually as well as
collectively (in terms of national delegations within groups), would thus become less
important in comparison to their ideological and thus ‘Europarty’ identity.

    Second, issues being discussed at EU level, including topics that may end up being
painful for some constituencies (such as labour market and services reforms, budgeta-
ry policies and agriculture) ought to be subject to deliberate polarisation between poli-
tical families, instead of being voted on in the European Parliament without individual
MEPs’ voting behaviour being registered and made public.17 This would also have an
                                                                                                               9
15
     Title I, Art. 15(1), TEU. 										
16
  Roll call voting means that individual MEPs’ votes are registered and made public. As a general rule
Parliament votes by show of hands and only the result of the vote is recorded. The 2009 revision of the
European Parliament’s rules and procedures makes the roll call vote obligatory for the approval of any final
vote on a legislative act.
17
  As an example, the individual votes of MEP’s on a resolution of 9 September 2010 regarding the expulsion
of Roma were not registered.
Democracy and Legitimacy in an Economic Union
     October 2012


     effect on the habitually huge majorities that are made up of both large political fami-
     lies and smaller parties. Citizens would thus feel that the European Parliament actually
     deals with controversies, which should increase public interest in and debate about
     decision-making on EU policies.

         Third, making the election of the president of the Commission, and in our long-term
     proposal, the European Council, subject to an EU-wide electoral process, would give
     European politics a desperately needed human face. Whether they want to or not,
     candidates for Commission president would also have to differentiate the respective
     vision of their party family from others in order to increase their profile with the voters.

         In 2011, in order to introduce transnational lists of candidates for the European Par-
     liament, Andrew Duff MEP (Alliance of Liberals and Democrats for Europe) presented
     a report on electoral reform which is still being debated in both the Council and the
     Parliament. Duff’s main proposal is to create a truly transnational list of 25 candidates
     for the European elections, in addition to the current limit of 751 MEPs. These lists
     would be established by the Europarties, and elections would be regulated by a new
     EU electoral authority.18

        Directly or indirectly electing (instead of appointing) the president of the European
     Commission has been debated since the 1980s.19 In the wake of the debate on a 2003
     EU constitution, the British sociologist Simon Hix produced one of the most concise and
     complete analyses20 of the potential different variants. The options range from universal
     direct election by the citizens in parallel with European Parliament elections, to different
     models of indirect election by a congress made up of national parliamentarians, often
     combined with European ones. In fact, in the wake of the constitutional debate of the
     2000s, some steps towards ‘democratising’ the role of Commission president were
     taken. The most important of these was the president’s formal election by the European
     Parliament,21 although, in reality, this still remains little more than the rubber-stamping
     of a choice already made by the Council in its proposal of a candidate. Another step



     18
       See A. Duff, ‘Draft Report on a Proposal for a Modification of the Act Concerning the Election of the
     Members of the European Parliament by Direct Universal Suffrage of 20 September 1976’, Committee on
     Constitutional Affairs, accessed at http://www.europarl.europa.eu/meetdocs/2009_2014/documents/afco/
     pr/823/823509/823509en.pdf on 15 September 2012. 								
     19
       The first proposal stems from 1986; see V. Bogdanor, ‘The Future of the European Community: Two
     Models of Democracy’, Government and Opposition 21/2 (1986), 161–76. Further contributions to the debate
     are listed in F. Decker and J. Sonnicksen, The Direct Election of the Commission President: A Presidential
10   Approach to Democratising the European Union (Bonn, 2009), 24–5, and F. Decker, ‘Electing the Commission
     President and Commissioners Directly: A Proposal’, European View 11/1 (2012), 71–8.
     20
       See S. Hix, ‘Why the EU Should Have a Single President, and How She Should be Elected’, Paper for the
     Working Group on Democracy in the EU, UK Cabinet Office (London, 2002), accessed at http://personal.lse.
     ac.uk/hix/Working_Papers/Why%20the%20EU%20Should%20Have%20a%20Single%20President.pdf on
     15 September 2012.
     21
       The new procedure for electing the president of the European Commission is described in Article 17(7) of
     the TEU. The new procedure entered into force on 1 December 2009.
Democracy and Legitimacy in an Economic Union
                                                                                             October 2012


undertaken in this direction is the TFEU stipulation that the choice of the Commission
president ‘take into account the elections of the European Parliament’.22

    For 2014, the most clearly discernible immediate step with regard to transnational
lists and direct elections would be to go further in personalising the European Parlia-
ment elections by having the biggest political families, at least, declare their candi-
dates for Commission president before the elections. An additional step would be to
place them at the top of all their national lists in the elections themselves. However,
for the latter proposal to work, a host of political and legal problems would have to be
solved.23 But, whereas in 2009 only the European People’s Party (EPP) group endorsed
a candidate—the incumbent José Manuel Barroso—in 2014 the declaration of just two
presidential candidates before the elections might help to make the campaign more
interesting and personal, and reverse, or at least halt, the downward trend in voter
turnout.

   To conclude: in the short term, politicising, polarising and personalising European
elections could lead to higher turnout and better legitimacy for the European Parlia-
ment and the European Commission, which would be an important accompaniment to
the upcoming steps in economic integration.

   To increase the exchange of information and coordination between national and Eu-
ropean institutions, policymakers should fully exploit the potential of the Lisbon Treaty.
For example, the first protocol of the Treaty on the role of national parliaments in the
European Union, and more particularly its Title II on interparliamentary cooperation,
should lead to regular, high-level consultation and dialogue between the committee
members of the national parliaments and European policymakers (be they members of
the Council, commissioners or MEPs).


Our long-term proposals

   In the long run, which implies major changes to the Lisbon Treaty, the proposal
would be to create a Union with a bicameral system as far as legislative power is
concerned.

   The lower chamber would directly represent the European citizens, while the upper
chamber would be the place where Member States could defend their interests. The
European Parliament is the lower chamber. The upper chamber is the Council. Fol-
lowing this reasoning, the EU should also have an executive power, the European
Commission. The European Council should not have executive powers but, following                               11




22
     Title I, Art. 17(7), TFEU.										
 Germany, for example, does not have a national list, but 16 Länder-based lists. For a top candidate to run,
23

German electoral law on European Parliament elections would have to be changed.
Democracy and Legitimacy in an Economic Union
     October 2012


     its current mandate, should provide the necessary impetus for development and
     direction. Finally, as far as judicial power is concerned, the European Court of Justice
     would play the role of a ‘constitutional court’, which it actually does already, based on
     the principle of the primacy of European law.

         So, what is left to be done with regard to the European Parliament? This institution
     is the one that has evolved the most throughout the process of European integration.
     Beginning life as an Assembly of 78 MPs delegated from national parliaments, it now
     is composed of 751 directly elected MEPs. It seems obvious that what remains to be
     done in order to finalise the empowerment of the Parliament as a legislator is to en-
     large the scope of the Parliament’s involvement in current decision-making processes
     (by, for example, including the European Parliament in Article 121(2) of the TFEU) and
     to give it the right of legislative initiative.

        In order not to upset the institutional balance between the European Parliament and
     the Council, we would expect that the Council should also have the right of initiative.
     As far as the rotating presidency is concerned, we believe it should remain, but for
     administrative purposes, not political ones. In other words, it is not for the Council to
     provide the Union with political guidelines or priorities. That is the job of the European
     Council and of the European Commission in our long-term view.24

         If we want the Commission to play the role of a true executive, we believe that
     its president should be, in the long term, directly elected by the citizens of Europe.
     This will provide the Union’s executive institution with direct democratic legitimacy,
     increase interest in European elections and, moreover, make this institution more
     accountable and transparent.

        We support the proposal to elect one person to execute the roles of president of
     the executive (the European Commission) and president of the institution which should
     provide the Union with the impetus for its development and define its general political
     directions and priorities (the European Council). This directly elected president would
     give the European Union clear leadership and simplify its power structure.




12




     24
          The Council is a European institution different from the European Council.
Democracy and Legitimacy in an Economic Union
                                                                              October 2012




Conclusion
   The point of departure of this policy brief is that the eurozone, if it is to become
a sustainable currency area, needs much greater economic convergence, improved
fiscal discipline and a European approach to banking regulation and resolution. To
enable this, this policy brief argues that more economic, budgetary, financial, and thus
political integration of the European Union is necessary. However, when EU gover-
nance mechanisms are implemented or strengthened there is a need to reinforce the
democratic legitimacy of the decision-making institutions and procedures.

   In the short term, some immediate steps can be taken to strengthen citizen
ownership. These steps merely aim to politicise and personalise political decision-ma-
king within the European institutions. A more political European Parliament would see
much greater and more outspoken polarisation and debate on controversial political
topics. In return, this policy brief concludes, this would increase the democratic legiti-
macy of the decisions taken. To politicise the decision-making, we have two proposals
that would be feasible in the short term:

    •	 the introduction of transnational lists of candidates for the European Parliament 	
	      and the standard use of roll call voting, and
    •	 the indirect election of the president of the European Commission.

   For the upcoming elections, an initial step would be for the biggest political families,
at least, to declare their candidate for Commission president before the elections.

   Another proposal would be to have a regular high-level dialogue between members
of national parliaments and European policymakers on economic, financial and budge-
tary policies.

  In the long term, strengthening the governance mechanisms dealing with economic
and budgetary policies requires a treaty change. We put the following proposals up for
debate:

    •	 a bicameral system with the right of initiative attributed to both the European 		
	      Parliament and the Council, in addition to the current right of initiative of 		
	      the European Commission;
    •	 the direct election of the president of the executive, the European Commission, 	
	      and the president of the European Council;
    •	 that the president of the executive and of the European Council, the institution 	     13
	      which should provide the Union with the necessary impetus and general political 	
	      direction and priorities, should be the same person; and
    •	 that the Parliament’s involvement in current decision-making processes should 	
	      be enlarged, particularly with regard to the broad guidelines of the economic 		
	      policies of the EU and its Member States.
Democracy and Legitimacy in an Economic Union
     October 2012



     Bibliography
       Baldwin, R., and Wyplosz, C., The Economics of European Integration, 3rd ed. (Maidenhead:
     McGraw-Hill, 2011).
        Bogdanor, V., ‘The Future of the European Community: Two Models of Democracy’, Government
     and Opposition 21/2 (1986), 161–76.
        Decker, F., ‘Electing the Commission President and Commissioners Directly: A Proposal’, European
     View 11/1 (2012), 71–8.
       Decker, F., and Sonnicksen, J., The Direct Election of the Commission President: A Presidential
     Approach to Democratising the European Union (Bonn, 2009).
       ‘Euro Area Summit Statement’, 29 June 2012, accessed at http://consilium.europa.eu/uedocs/
     cms_data/docs/pressdata/en/ec/131359.pdf on 20 July 2012.
        European Commission, ‘EU Economic Governance’, website of the European Commission, ac-
     cessed at http://ec.europa.eu/economy_finance/economic_governance/index_en.htm on 21 Septem-
     ber 2012.
         European Commission, ‘Commission Proposes New ECB Powers for Banking Supervision as Part
     of a Banking Union’, website of the European Commission, accessed at http://ec.europa.eu/commis-
     sion_2010-2014/barnier/headlines/news/2012/09/20120912_en.htm on 21 September 2012.
        European Council, Treaty on Stability, Coordination and Governance in the Economic and
     Monetary Union, accessed at http://european-council.europa.eu/eurozone-governance/treaty-on-
     stability?lang=en on 12 March 2012.
         Geeroms, H., Moesen, W., and De Corte, S., ‘The EU at a Crossroads: An Action Plan’, Policy Brief,
     Centre for European Studies (Brussels, 2011), accessed at http://www.thinkingeurope.eu/publications_
     policybriefs_bytopic.asp on 20 July 2012.
         Hix, S., ‘Why the EU Should Have a Single President, and How She Should be Elected’, Paper for the
     Working Group on Democracy in the EU, UK Cabinet Office (London, 2002), accessed at http://personal.
     lse.ac.uk/hix/Working_Papers/Why%20the%20EU%20Should%20Have%20a%20Single%20President.
     pdf on 15 September 2012.
        OECD, Tax Revenue as % of GDP, accessed at http://www.oecd.org/statistics/ on 12 March 2012.
         Van Rompuy, H., ‘Towards a Genuine Economic and Monetary Union’, Report by the President of
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     sis/documents/131201_en.pdf on 15 July 2012.




14
Democracy and Legitimacy in an Economic Union
                                                                              October 2012




About the authors
   Rodrigo Castro Nacarino holds a degree in political science from the Complutense
University of Madrid, as well as a Master’s degree in European studies from the Col-
lege of Europe. He has worked at the Centre for European Studies (CES), collaborating
on several publications, with his research mainly focused on politics and economics in
the EU.

   Stefaan De Corte is a senior research officer at the CES, covering social, economic
and financial issues. Before joining the CES, he was an economic policy advisor to the
Belgian minister for foreign affairs and vice-prime minister, and prior to that he was
a policy evaluation consultant. He is a commercial engineer and also has a Master’s
degree in European economics.

   Roland Freudenstein studied political science, economics, Japanese studies and
international relations in Bonn and Los Angeles. Having worked as a research fellow
at the German Council on Foreign Relations, he became a member of the foreign and
security planning staff of the European Commission in Brussels in the 1990s. Subse-
quently, he became the director of the Warsaw office of the Konrad Adenauer Founda-
tion and later held a leading role at the Foundation’s central office in Berlin. Since 2008
he has been head of research and deputy director of the CES.




                                                                                              15
Democracy and Legitimacy in an Economic Union
     October 2012


     CREDITS

     Centre for European Studies
     Layout design: RARO S.L.
     Typesetting: Victoria Agency
     Printed in Belgium by Drukkerij Jo Vandenbulcke
     Centre for European Studies
     Rue du Commerce 20
     Brussels, BE – 1000

     The Centre for European Studies (CES) is the political foundation of the European
     People’s Party (EPP) dedicated to the promotion of Christian democrat, conservative
     and like-minded political values.

     For more information please visit:

     www.thinkingeurope.eu

     This publication receives funding from the European Parliament.
     © Centre for European Studies 2012
     The European Parliament and the Centre for European Studies assume no responsibility
     for facts or opinions expressed in this publication or their subsequent use.
     Sole responsibility lies on the authors of this publication.




16

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Democracy and Legitimacy in an Economic Union

  • 1. Democracy and October 2012 Legitimacy in an Economic Union Rodrigo Castro Nacarino, Stefaan De Corte and Roland Freudenstein1 Policy Brief Table of contents Table of contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Abstract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The building blocks of an economic union. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Increased powers necessitate increased politicisation and legitimacy. . . 7 Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 About the authors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 We are grateful to Christian Kremer, Siegfried Muresan and Vit Novotny for their comments and suggestions.
  • 2. Democracy and Legitimacy in an Economic Union October 2012 Abstract The sovereign debt crisis in some EU Member States has shown that greater eco- nomic convergence, the long-term sustainability of public finances and a European approach to banking regulation and resolution is necessary in order for the eurozone to become a sustainable currency area. This requires further economic, budgetary, financial, and thus political, integration of the European Union. However, when EU governance mechanisms are implemented or strengthened there is a need to reinforce the democratic legitimacy of institutions and procedures. In the short term, work should be continued to introduce transnational lists of candidates for the European Parliament and the standard use of roll call voting; the biggest political families should declare their candidate for Commission president before the upcoming elections; and more regular high-level consultation and dialogue between members of national parliaments and European policymakers on economic, financial and budgetary policies should take place. When it comes to long-term reforms, this policy brief puts these proposals up for debate: attributing the right of initiative to the European Parliament and the Council, in addition to the Commission; the direct election of the president of the executive, the European Commission; and having the president of the executive also taking up the role of president of the European Council. Moreover, the European Parliament should be more involved in decision-making, particularly on economic policy. Keywords: Budgetary coordination – Convergence – Democratic deficit – Econo- mic governance – European elections – European Parliament – Sovereign debt crises Introduction This policy brief focuses on the impact that the new steps being taken towards economic integration will have on the democratic legitimacy and accountability of the European institutions. It also puts up for debate proposals for tackling what we believe will be an increased democratic deficit. 2 In order to do this, the brief first lists the current failures within the EU’s economic governance structure and formulates solutions for these. Next, the current issues concerning the democratic deficit and its connection to an enhanced economic union are listed. Finally, we present a series of practical short-term steps and our long-term view of how to alleviate the democratic deficit.
  • 3. Democracy and Legitimacy in an Economic Union October 2012 The building blocks of an economic union Introduction The current financial and sovereign debt crisis has revealed a lack of economic, budgetary, financial and political integration in the European Union. On the one hand, huge discrepancies in the economic and budgetary performance of Member States have become visible and have caused a huge strain on the euro area. On the other hand, the management of the crisis has shown the limits of the current financial and political decision-making processes. Since the start of the crisis, several initiatives have strengthened the governance of economic and budgetary policy coordination amongst the EU Member States. In addi- tion, actions have been implemented to render the political decision-making process more efficient and effective. Moreover, a new financial supervisory architecture has been agreed and implemented, and recent decisions are likely to strengthen this archi- tecture further.2 In what follows, we will briefly highlight what, in our view, is still lacking in the cur- rent governance framework and will formulate proposals to solve these issues. ` Identifying the current issues Convergence As the Optimal Currency Area (OCA) theory teaches us, a common central bank will never be able to fix an optimal interest rate if the economic cycles that make up the currency area diverge considerably.3 During the economic crisis the need for greater convergence also became visible through the existence of huge, so-called macro- economic imbalances between the economies of the different Member States. Based on the OCA theory and these imbalances, the current crisis shows that the euro area will only be sustainable when the different economies that make up the currency area converge. 2 Euro Area Summit Statement’, 29 June 2012, accessed at http://consilium.europa.eu/uedocs/cms_data/ docs/pressdata/en/ec/131359.pdf on 20 July 2012. The Commission’s proposals for a banking union and 3 the ‘two-pack’: European Commission, ‘EU Economic Governance’, website of the European Commission, accessed at http://ec.europa.eu/economy_finance/economic_governance/index_en.htm on 21 September 2012; and European Commission, ‘Commission Proposes New ECB Powers for Banking Supervision as Part of a Banking Union’, website of the European Commission, accessed at http://ec.europa.eu/ commission_2010-2014/barnier/headlines/news/2012/09/20120912_en.htm on 21 September 2012. 3 For an overview of the Optimal Currency Area theory and its implications, we refer to R. Baldwin and C. Wyplosz, The Economics of European Integration, 3rd ed. (Maidenhead: McGraw-Hill, 2011), ch. 11.
  • 4. Democracy and Legitimacy in an Economic Union October 2012 Debt sustainability High levels of private and/or public debt reduce an economy’s growth potential and a company’s and/or government’s ability to absorb economic shocks or to take policy initiatives (e.g. to invest in infrastructure, education, or research and development). And as we have witnessed during the financial crisis, private liabilities can quickly become public debt. Moreover, combined with a lack of competitiveness, high levels of debt create a dangerous cocktail, as lenders start to doubt the borrower’s ability to repay the debt. For these reasons, we believe that fiscal discipline should be a guiding principle in future public policymaking. Banking regulation Within the euro area, the main creditors of Member States are financial institutions. And, as financial markets are interlinked, this has an immediate impact on the credit– worthiness of financial institutions, and consequently on the states that explicitly or implicitly deliver guarantees to these creditors. This negative feedback loop creates a situation where countries, often already facing financial difficulties, are asked to sup- port weakened banks; a more European approach to control mechanisms, as well as liabilities, would create a healthier situation. As we see economic convergence, improved debt sustainability and a European approach to banking regulation as priorities for a long-term solution to the sovereign debt crisis, we would advance the following goals in addition to the execution of what has already been agreed upon (the Integrated Guidelines;4 six-pack;5 Treaty on Stabi- lity, Coordination and Governance in the Economic and Monetary Union; the EU2020 strategy; the Euro-plus Pact; and the European System of Financial Supervisors). Towards an economic union Power to overrule With over 1% of the EU’s gross domestic product (GDP) in funds to be invested at EU level (+/- 2% of all public spending in the EU), it is essential that the EU institutions coordinate their economic and budgetary policies with the Member States. In addition, 4 4 The Integrated Guidelines were decided upon in accordance with Article 121 of the Treaty on the Functioning of the European Union. 5 Detailed information on the six-pack, the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, EU2020, the Euro-plus Pact and the European System of Financial Supervisors can be found at http://ec.europa.eu/europe2020/priorities/economic-governance/index_en.htm and http://ec.europa. eu/internal_market/finances/committees/index_en.htm.
  • 5. Democracy and Legitimacy in an Economic Union October 2012 as the biggest fiscal leverage is to be found at Member State level, the EU’s powers to coordinate the economic and budgetary policies of the Member States should be strengthened. It is only when this two-way coordination is enhanced that the needed economic convergence will occur. We therefore support the idea of using the European Semester of policy coordina- tion.6 It is important not only to have a discussion about national economic policies and budgets based on an EU assessment, but to discuss economic and budgetary policy coordination between the EU and its Member States, and between Member States themselves. In practical terms, this means there should be annual coordination on how to invest, on the one hand, the Union’s budget and, on the other hand, the national and regional budgets of the EU Member States.7 In addition, the EU and the Member States should coordinate their main policy initiatives in order for them to meet the agreed economic and budgetary policy targets.8 However, this discussion should not only be about peer pressure; there should be real executive power at EU level to overrule decisions that go against the overall agreed EU economic and budgetary policy (that is, the broad guidelines of the eco- nomic policies of the Member States and of the Union, as defined in Article 121 of the Treaty on the Functioning of the European Union (TFEU)). Thus, there should be fewer rules, but more effective decision-making authority. One could assign this responsibi- lity to the European Commission. Its commissioner for economic and monetary affairs and the euro would be empowered to overrule decisions or, in particularly severe cases, formulate a proposal to overrule a decision in the Council and the European Parliament. In legal terms, this necessitates changes and the introduction of new para- graphs to Article 121 of the TFEU. Alongside this effective decision-making authority to be installed at EU level, there should be increasingly severe implications for the governance of the economic and budgetary policy of those EU Member States which benefit from financial assistance. When certain agreed policy targets are missed and no corrective action is undertaken, that is, a breach of contract occurs, the EU institutions should be empowered to over- 6 The current European Semester is a six-month period each year during which Member States’ budgetary, macro-economic and structural policies are coordinated effectively so as to allow Member States to take EU considerations into account at an early stage in their national budgetary processes and in other aspects of economic policymaking. For more information see http://ec.europa.eu/europe2020/priorities/economic- governance/index_en.htm. 7 Tax revenues as a percentage of GDP represent between 28% (Ireland) and 48.2% of GDP (Denmark) in 5 selected EU Member States (OECD, Tax Revenue as % GDP, accessed at http://www.oecd.org/statistics/ on 12 March 2012). 8 The EU’s economic and budgetary policy is laid down in the Integrated Guidelines, and, within the framework of the European Semester, more detailed policies have been agreed upon within the Council, based on the Stability and Growth Pact, the EU2020 Strategy, the Euro-plus Pact, and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union.
  • 6. Democracy and Legitimacy in an Economic Union October 2012 rule fundamental elements of the budgetary policy of the Member State. In legal terms, this necessitates changes to Article 126 of the TFEU, in addition to the changes to Article 121 outlined above. Changing the treaties requires, at the very least, approval in all national parliaments of the Member States of the European Union. An orderly default mechanism and European Debt Certificates In addition to strengthening coordination to obtain convergence, avoid moral ha- zard and provide financial assistance to an insolvent country, an orderly default me- chanism for Member States should be developed. The decision to apply International Monetary Fund standards in the framework of the private sector’s involvement when the European Stability Mechanism is activated is a step in the right direction, but more detailed plans are necessary.9 This orderly default mechanism, in combination with strengthened economic and budgetary governance, should go hand in hand with the introduction of European Debt Certificates, as described in an earlier Centre for European Studies’ (CES) policy brief by Geeroms, Moesen and De Corte, or another mechanism of debt mutualisation.10 Robust financial markets In addition to these initiatives, financial markets should increase their robustness in order to cope with an orderly default by a financial institution or a Member State. This relates not only to capital requirements, but also to the development of a European banking resolution scheme and a European deposit guarantee scheme. A truly single market As a final element, we agree that the accomplishment of the Single Market, which is far from complete, would be a major driver for economic convergence. A single labour market, where European citizens can move freely within the Union to those areas where the chances of employment are highest, does not exist. Nor do we have a single market in services, where doctors, lawyers and other professionals do not encounter obstacles to executing their profession in another Member State. Therefore, we support all initiatives (e.g. the Single Market Act) that contribute to the creation of a truly single market. 6 9 European Council Decision of 16 and 17 December 2010. H. Geeroms, W. Moesen and S. De Corte, ‘The EU at a Crossroads: An Action Plan’, Policy Brief, Centre for 10 European Studies (Brussels, 2011), 6, accessed at http://www.thinkingeurope.eu/publications_policybriefs_ bytopic.asp on 20 July 2012.
  • 7. Democracy and Legitimacy in an Economic Union October 2012 Increased powers necessitate increased politicisation and legitimacy Introduction Over the last sixty years the European Union has evolved from a very concrete and limited form of cooperation (the European Coal and Steel Community, which was, however, ambitious for its time) to a European Union composed of 27 Member States (28 in 2013). The world has also changed in the course of these years, with globali- sation making traditional nation-state structures insufficient for dealing with complex common challenges. Building on a functionalist logic, which consists of taking small but safe steps, the EU has slowly but successfully widened and deepened as an econo- mic and political project. As described in the previous section, economic convergence, mechanisms to ensure debt sustainability, and a European approach to banking reso- lutions and regulation are the current inevitable driving forces behind a more integrated euro area and, taking into account globalisation, a more integrated European Union. However, as the president of the European Council has already identified in his report,11 a more integrated Union can only be sustained when mechanisms are put in place to increase the citizens’ ownership of Europe-wide decisions. In the following paragraphs we outline the current issues and formulate potential options to close the widening gap between policymakers and citizens. In this sense, we hope that this po- licy brief can contribute to the debate on the democratisation of the European Union’s decision-making processes. Identifying the current issues The right of initiative Under the Treaty of Lisbon and all previous treaties, the European Commission is the sole institution with the right to initiate legislative proposals. The main reason for this is that the European Commission, as a completely independent body, is best placed to represent the Community interest. However, the consequence of this is that the European Parliament, although it has directly elected members, is unique in that it has no right of legislative initiative. 7 H. Van Rompuy, ‘Towards a Genuine Economic and Monetary Union’, Report by the President of the 11 European Council (Brussels, 2012), 6, accessed at http://ec.europa.eu/economy_finance/focuson/crisis/ documents/131201_en.pdf on 15 July 2012.
  • 8. Democracy and Legitimacy in an Economic Union October 2012 Current involvement in decision-making procedures The Council is currently more often involved in decision-making procedures related to economic and budgetary policies than the European Parliament. Article 121(2) of the TFEU reads as follows: ‘The Council shall, on a recommendation from the Commission, formulate a draft for the broad guidelines of the economic policies of the Member States and of the Union, and shall report its findings to the Euro- pean Council.’12 When economic policies increasingly become a matter of common concern, questions should be raised about the involvement of the European Parlia- ment in these decision-making procedures. Turnout in European elections The turnout for the elections of the Members of the European Parliament (MEPs) has fallen from 62% participation in 1979 to a disappointing 43% in 2009. This de- creasing interest has paradoxically run in parallel with the progressive increase of the Parliament’s powers. If fundamental decisions about the economic and budgetary policies of the EU and its Member States are to be co-decided at the EU level,13 rein- forcement of the democratic legitimacy of the European institutions through higher voter turnout represents a major challenge. The Commission as a ‘completely independent body’ The idea of having a supranational authority that can overrule national decisions when it comes to economic affairs raises yet another important question: can we differentiate between economic choices and political ones? This question is particu- larly relevant when we think of the nature of the European Commission, that is to say, a ‘completely neutral body’ according to the TFEU.14 We could fairly argue that the Commission is already de facto political. The actual question then is whether or not this politicisation should be institutionalised. And, if the politicisation is institutiona- lised, what will the consequences be for the Commission’s role as the ruling authority in, for example, competition or single market infringement cases? The election of the president of the European Council 8 According to the Treaty on European Union (TEU), ‘The European Council shall pro- vide the Union with the necessary impetus for its development and defining its general 12 Art. 121(2), TFEU. 13 It remains to be seen if this co-decision will take place amongst the members of the euro area or amongst all members of the European Union. 14 Title I, Art. 17(3), TFEU.
  • 9. Democracy and Legitimacy in an Economic Union October 2012 political directions and priorities’.15 Even if the democratic legitimacy of the European Council is unquestionable (the heads of state/government are directly elected by citi- zens or through national parliaments), the election of its president could be more trans- parent. We must find a way to make people connect with that person whom we ideally think of as the person to provide impetus and direction to the Union. Involvement of the national parliaments In a Union with enhanced economic powers, the exchange of information and coor- dination between national (be it administrations or parliaments) and European insti- tutions will be of major importance. While a supranational European authority should have a wide view of how the European economy is working, national parliaments could contribute with a more concrete definition of the specific needs of given Member States. Our short-term proposals Ever since the late 1990s, proposals have been made to incrementally reform the European election process in order to reduce the democratic deficit. In some cases, the immediate goal was to reverse declining voter turnout at European elections, but the strategic goal has always been to address legitimacy on a strategic level. Let us focus on proposals which seem within reach without a major treaty change: the intro- duction of transnational lists of candidates and the standard use of roll call voting,16 some form of direct election for the Commission president and more frequent dialogue between national and European parliaments (or their committees). The introduction of transnational lists and the standard use of roll call voting would, first of all, politicise the Parliament, in the sense that they would give more weight to ideological differences at the EU level. The nationality of MEPs, individually as well as collectively (in terms of national delegations within groups), would thus become less important in comparison to their ideological and thus ‘Europarty’ identity. Second, issues being discussed at EU level, including topics that may end up being painful for some constituencies (such as labour market and services reforms, budgeta- ry policies and agriculture) ought to be subject to deliberate polarisation between poli- tical families, instead of being voted on in the European Parliament without individual MEPs’ voting behaviour being registered and made public.17 This would also have an 9 15 Title I, Art. 15(1), TEU. 16 Roll call voting means that individual MEPs’ votes are registered and made public. As a general rule Parliament votes by show of hands and only the result of the vote is recorded. The 2009 revision of the European Parliament’s rules and procedures makes the roll call vote obligatory for the approval of any final vote on a legislative act. 17 As an example, the individual votes of MEP’s on a resolution of 9 September 2010 regarding the expulsion of Roma were not registered.
  • 10. Democracy and Legitimacy in an Economic Union October 2012 effect on the habitually huge majorities that are made up of both large political fami- lies and smaller parties. Citizens would thus feel that the European Parliament actually deals with controversies, which should increase public interest in and debate about decision-making on EU policies. Third, making the election of the president of the Commission, and in our long-term proposal, the European Council, subject to an EU-wide electoral process, would give European politics a desperately needed human face. Whether they want to or not, candidates for Commission president would also have to differentiate the respective vision of their party family from others in order to increase their profile with the voters. In 2011, in order to introduce transnational lists of candidates for the European Par- liament, Andrew Duff MEP (Alliance of Liberals and Democrats for Europe) presented a report on electoral reform which is still being debated in both the Council and the Parliament. Duff’s main proposal is to create a truly transnational list of 25 candidates for the European elections, in addition to the current limit of 751 MEPs. These lists would be established by the Europarties, and elections would be regulated by a new EU electoral authority.18 Directly or indirectly electing (instead of appointing) the president of the European Commission has been debated since the 1980s.19 In the wake of the debate on a 2003 EU constitution, the British sociologist Simon Hix produced one of the most concise and complete analyses20 of the potential different variants. The options range from universal direct election by the citizens in parallel with European Parliament elections, to different models of indirect election by a congress made up of national parliamentarians, often combined with European ones. In fact, in the wake of the constitutional debate of the 2000s, some steps towards ‘democratising’ the role of Commission president were taken. The most important of these was the president’s formal election by the European Parliament,21 although, in reality, this still remains little more than the rubber-stamping of a choice already made by the Council in its proposal of a candidate. Another step 18 See A. Duff, ‘Draft Report on a Proposal for a Modification of the Act Concerning the Election of the Members of the European Parliament by Direct Universal Suffrage of 20 September 1976’, Committee on Constitutional Affairs, accessed at http://www.europarl.europa.eu/meetdocs/2009_2014/documents/afco/ pr/823/823509/823509en.pdf on 15 September 2012. 19 The first proposal stems from 1986; see V. Bogdanor, ‘The Future of the European Community: Two Models of Democracy’, Government and Opposition 21/2 (1986), 161–76. Further contributions to the debate are listed in F. Decker and J. Sonnicksen, The Direct Election of the Commission President: A Presidential 10 Approach to Democratising the European Union (Bonn, 2009), 24–5, and F. Decker, ‘Electing the Commission President and Commissioners Directly: A Proposal’, European View 11/1 (2012), 71–8. 20 See S. Hix, ‘Why the EU Should Have a Single President, and How She Should be Elected’, Paper for the Working Group on Democracy in the EU, UK Cabinet Office (London, 2002), accessed at http://personal.lse. ac.uk/hix/Working_Papers/Why%20the%20EU%20Should%20Have%20a%20Single%20President.pdf on 15 September 2012. 21 The new procedure for electing the president of the European Commission is described in Article 17(7) of the TEU. The new procedure entered into force on 1 December 2009.
  • 11. Democracy and Legitimacy in an Economic Union October 2012 undertaken in this direction is the TFEU stipulation that the choice of the Commission president ‘take into account the elections of the European Parliament’.22 For 2014, the most clearly discernible immediate step with regard to transnational lists and direct elections would be to go further in personalising the European Parlia- ment elections by having the biggest political families, at least, declare their candi- dates for Commission president before the elections. An additional step would be to place them at the top of all their national lists in the elections themselves. However, for the latter proposal to work, a host of political and legal problems would have to be solved.23 But, whereas in 2009 only the European People’s Party (EPP) group endorsed a candidate—the incumbent José Manuel Barroso—in 2014 the declaration of just two presidential candidates before the elections might help to make the campaign more interesting and personal, and reverse, or at least halt, the downward trend in voter turnout. To conclude: in the short term, politicising, polarising and personalising European elections could lead to higher turnout and better legitimacy for the European Parlia- ment and the European Commission, which would be an important accompaniment to the upcoming steps in economic integration. To increase the exchange of information and coordination between national and Eu- ropean institutions, policymakers should fully exploit the potential of the Lisbon Treaty. For example, the first protocol of the Treaty on the role of national parliaments in the European Union, and more particularly its Title II on interparliamentary cooperation, should lead to regular, high-level consultation and dialogue between the committee members of the national parliaments and European policymakers (be they members of the Council, commissioners or MEPs). Our long-term proposals In the long run, which implies major changes to the Lisbon Treaty, the proposal would be to create a Union with a bicameral system as far as legislative power is concerned. The lower chamber would directly represent the European citizens, while the upper chamber would be the place where Member States could defend their interests. The European Parliament is the lower chamber. The upper chamber is the Council. Fol- lowing this reasoning, the EU should also have an executive power, the European Commission. The European Council should not have executive powers but, following 11 22 Title I, Art. 17(7), TFEU. Germany, for example, does not have a national list, but 16 Länder-based lists. For a top candidate to run, 23 German electoral law on European Parliament elections would have to be changed.
  • 12. Democracy and Legitimacy in an Economic Union October 2012 its current mandate, should provide the necessary impetus for development and direction. Finally, as far as judicial power is concerned, the European Court of Justice would play the role of a ‘constitutional court’, which it actually does already, based on the principle of the primacy of European law. So, what is left to be done with regard to the European Parliament? This institution is the one that has evolved the most throughout the process of European integration. Beginning life as an Assembly of 78 MPs delegated from national parliaments, it now is composed of 751 directly elected MEPs. It seems obvious that what remains to be done in order to finalise the empowerment of the Parliament as a legislator is to en- large the scope of the Parliament’s involvement in current decision-making processes (by, for example, including the European Parliament in Article 121(2) of the TFEU) and to give it the right of legislative initiative. In order not to upset the institutional balance between the European Parliament and the Council, we would expect that the Council should also have the right of initiative. As far as the rotating presidency is concerned, we believe it should remain, but for administrative purposes, not political ones. In other words, it is not for the Council to provide the Union with political guidelines or priorities. That is the job of the European Council and of the European Commission in our long-term view.24 If we want the Commission to play the role of a true executive, we believe that its president should be, in the long term, directly elected by the citizens of Europe. This will provide the Union’s executive institution with direct democratic legitimacy, increase interest in European elections and, moreover, make this institution more accountable and transparent. We support the proposal to elect one person to execute the roles of president of the executive (the European Commission) and president of the institution which should provide the Union with the impetus for its development and define its general political directions and priorities (the European Council). This directly elected president would give the European Union clear leadership and simplify its power structure. 12 24 The Council is a European institution different from the European Council.
  • 13. Democracy and Legitimacy in an Economic Union October 2012 Conclusion The point of departure of this policy brief is that the eurozone, if it is to become a sustainable currency area, needs much greater economic convergence, improved fiscal discipline and a European approach to banking regulation and resolution. To enable this, this policy brief argues that more economic, budgetary, financial, and thus political integration of the European Union is necessary. However, when EU gover- nance mechanisms are implemented or strengthened there is a need to reinforce the democratic legitimacy of the decision-making institutions and procedures. In the short term, some immediate steps can be taken to strengthen citizen ownership. These steps merely aim to politicise and personalise political decision-ma- king within the European institutions. A more political European Parliament would see much greater and more outspoken polarisation and debate on controversial political topics. In return, this policy brief concludes, this would increase the democratic legiti- macy of the decisions taken. To politicise the decision-making, we have two proposals that would be feasible in the short term: • the introduction of transnational lists of candidates for the European Parliament and the standard use of roll call voting, and • the indirect election of the president of the European Commission. For the upcoming elections, an initial step would be for the biggest political families, at least, to declare their candidate for Commission president before the elections. Another proposal would be to have a regular high-level dialogue between members of national parliaments and European policymakers on economic, financial and budge- tary policies. In the long term, strengthening the governance mechanisms dealing with economic and budgetary policies requires a treaty change. We put the following proposals up for debate: • a bicameral system with the right of initiative attributed to both the European Parliament and the Council, in addition to the current right of initiative of the European Commission; • the direct election of the president of the executive, the European Commission, and the president of the European Council; • that the president of the executive and of the European Council, the institution 13 which should provide the Union with the necessary impetus and general political direction and priorities, should be the same person; and • that the Parliament’s involvement in current decision-making processes should be enlarged, particularly with regard to the broad guidelines of the economic policies of the EU and its Member States.
  • 14. Democracy and Legitimacy in an Economic Union October 2012 Bibliography Baldwin, R., and Wyplosz, C., The Economics of European Integration, 3rd ed. (Maidenhead: McGraw-Hill, 2011). Bogdanor, V., ‘The Future of the European Community: Two Models of Democracy’, Government and Opposition 21/2 (1986), 161–76. Decker, F., ‘Electing the Commission President and Commissioners Directly: A Proposal’, European View 11/1 (2012), 71–8. Decker, F., and Sonnicksen, J., The Direct Election of the Commission President: A Presidential Approach to Democratising the European Union (Bonn, 2009). ‘Euro Area Summit Statement’, 29 June 2012, accessed at http://consilium.europa.eu/uedocs/ cms_data/docs/pressdata/en/ec/131359.pdf on 20 July 2012. European Commission, ‘EU Economic Governance’, website of the European Commission, ac- cessed at http://ec.europa.eu/economy_finance/economic_governance/index_en.htm on 21 Septem- ber 2012. European Commission, ‘Commission Proposes New ECB Powers for Banking Supervision as Part of a Banking Union’, website of the European Commission, accessed at http://ec.europa.eu/commis- sion_2010-2014/barnier/headlines/news/2012/09/20120912_en.htm on 21 September 2012. European Council, Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, accessed at http://european-council.europa.eu/eurozone-governance/treaty-on- stability?lang=en on 12 March 2012. Geeroms, H., Moesen, W., and De Corte, S., ‘The EU at a Crossroads: An Action Plan’, Policy Brief, Centre for European Studies (Brussels, 2011), accessed at http://www.thinkingeurope.eu/publications_ policybriefs_bytopic.asp on 20 July 2012. Hix, S., ‘Why the EU Should Have a Single President, and How She Should be Elected’, Paper for the Working Group on Democracy in the EU, UK Cabinet Office (London, 2002), accessed at http://personal. lse.ac.uk/hix/Working_Papers/Why%20the%20EU%20Should%20Have%20a%20Single%20President. pdf on 15 September 2012. OECD, Tax Revenue as % of GDP, accessed at http://www.oecd.org/statistics/ on 12 March 2012. Van Rompuy, H., ‘Towards a Genuine Economic and Monetary Union’, Report by the President of the European Council (Brussels, 2012), accessed at http://ec.europa.eu/economy_finance/focuson/cri- sis/documents/131201_en.pdf on 15 July 2012. 14
  • 15. Democracy and Legitimacy in an Economic Union October 2012 About the authors Rodrigo Castro Nacarino holds a degree in political science from the Complutense University of Madrid, as well as a Master’s degree in European studies from the Col- lege of Europe. He has worked at the Centre for European Studies (CES), collaborating on several publications, with his research mainly focused on politics and economics in the EU. Stefaan De Corte is a senior research officer at the CES, covering social, economic and financial issues. Before joining the CES, he was an economic policy advisor to the Belgian minister for foreign affairs and vice-prime minister, and prior to that he was a policy evaluation consultant. He is a commercial engineer and also has a Master’s degree in European economics. Roland Freudenstein studied political science, economics, Japanese studies and international relations in Bonn and Los Angeles. Having worked as a research fellow at the German Council on Foreign Relations, he became a member of the foreign and security planning staff of the European Commission in Brussels in the 1990s. Subse- quently, he became the director of the Warsaw office of the Konrad Adenauer Founda- tion and later held a leading role at the Foundation’s central office in Berlin. Since 2008 he has been head of research and deputy director of the CES. 15
  • 16. Democracy and Legitimacy in an Economic Union October 2012 CREDITS Centre for European Studies Layout design: RARO S.L. Typesetting: Victoria Agency Printed in Belgium by Drukkerij Jo Vandenbulcke Centre for European Studies Rue du Commerce 20 Brussels, BE – 1000 The Centre for European Studies (CES) is the political foundation of the European People’s Party (EPP) dedicated to the promotion of Christian democrat, conservative and like-minded political values. For more information please visit: www.thinkingeurope.eu This publication receives funding from the European Parliament. © Centre for European Studies 2012 The European Parliament and the Centre for European Studies assume no responsibility for facts or opinions expressed in this publication or their subsequent use. Sole responsibility lies on the authors of this publication. 16