Deliberation is the soul of Direct Democracy (DD) The design of the Referendum process determines the quality of DD - well designed it helps to contribute to the creation for the EU, what the EU needs most Introduction for EU-Democracy Experts in Bern, 21st of September 2006 by Andreas Gross (Switzerland) Director of the Scientific Institute for Direct Democracy in St. Ursanne (JU/CH) and Swiss MP/PACE

We should overcome the banalisation of the term “Democracy” Democracy enables us to be free. Freedom enables us to act together on our common life (« Life is not a destiny ») Democracy constitutes the rules, rights and procedures to prevent conflicts to be solved violently Democracy is the only source for legitimate power

We should overcome the banalisation of the term “Constitution” Treaties and Constitutions have different potentials A constitution is an agreement between citizens how the political system is organised and the political power constituted and shared An agreement has to be made by the people themselves Freedom means to follow only those rules in which’s making processes you participated

But it should not have the monopole of D. Representative democracy is an essential part of Democracy. But it should not have the monopole of D. enables you to vote your representatives; Indirect Democracy enables you to vote your representatives; enables you to vote on important issues you don’t want to leave to your Representatives Direct Democracy enables you to vote on important issues you don’t want to leave to your Representatives

Direct Democracy is about people voting on issues   The Right to Vote on important issues contributes to the democratization of democracy and improves the political culture of a country   More substance, more alternatives, more differentiation, more deepness, more individual knowledge and more social learning   The Referendum (Peoples vote) is just the last stadium of a long process: Decisive is the question: Who may start the process, where,how?

The 3 cornerstones of modern Direct Democracy The 3 cornerstones of modern Direct Democracy Secret vote by ballot-box, mail or internet : No assemblies Some citizens decide when all citizens may decide: No plesbiscites Issues (const./legisl. Reforms): No personal decisions

DD is a set of participatorial citizens rights - much more than just a “referendum” Const.Referendum Optional legislat. Referendum Const.pop.Initiative Threaty Referendum General/legislat. Initiative Konstruct.Referendum Financial Referendum Citizen Motion (To the Parliament)

? Which are the basic (“principal”)products of Direct Democracy’s best practices?   Individual / collective communication&deliberations   Power has to be shared   Collective learning potentials   political openness et legitimate polity   Identification with the DD process (« Democratic patriotism »)

Implication of this intended DD- products for the DD-Design   Shared power - low sign’requirement   activating citiz - low sign’requirement   Communication - free sign gathering   Deliberation - no antidelib.quorums   Cooperation and interaction, no antagonism - you need time / no bypassing of the parliament

Each level requires a specific DD- Design   Communal and regional: Most complete DD-Design   National level: General Initiative /Interface ID-DD/Fairness requirem.   European level: Qualification/ Agenda / Europ.Vote imposing

The EU-CT-Process 2002/5 suffered from design-deficits   It was not a Constitution-Making-Process   The Convention was handpicked, govern- mental orientated and authotarianly ruled   It lacked time, transparency, public deliberation and participation   It was a national reproduction instead of a transnational polity creating effort

Well designed a transnational European DD contributes to create what the EU needs most   European public spheres   Deliberation and collective learning processes   Transnational citizen / societal integrations   Legitimacy and identification

The EU is more than a big nation’s state: Specific problems for transnational, paneuropean DD building many people have a size problem in EUD many are already nat and reg frustrated: They cant imagine a transnational DD Polity We face a structural transformation challenge and a historical innovation The EU is not yet a real federation with clear power sharing procedures The EU is not yet even a parliamentary D Not everybody is a GCC (globally communicate citizen)

Concrete examples for EU-DD-Rights-Design: The Legislative Initiative   1 Million of of minimally sign.out 5 nations with at least 10 % each (Passport/ID-Number for Identification)   If 5 nations more (minim.10%), 100’000 sign. Less   Qualification with 50‘000 sign. Out of at least 5 states with minim.10%

The rights you get from the EU- Com after submission of a Qualification Initiative (QI)   Translation Voucher (20 lang./ max signs)   Website-Building-Support   Train&Flight vouchers for public meetings   A Howtodo-Handbook with clear Guidelines   Commissions offices in the capitals are supposed to support you   National papers advertisement voucher