A Political Sociology of European Democracy

2 A Political Sociology of European Democracy Week 6 Lecture 2 Lecturer Paul Blokker

3 The Construction of a European Political Society Legitimacy Normative justifications Different views on: Role and relevance of actors (governments, experts, civil society, citizens) Institutions and integration Introduction Governo Locale

4 Introduction Governo Locale

5 Introduction Governo Locale Announcement: Examination -The student will be evaluated at the end of the course by means of a written essay NB. New deadline: Thursday 7 June, to be handed in by , by 17:00 pm; -The written essay will be of a minimum of words, and needs to contain a bibliography with at least 10 academic resources.

6 Introduction Governo Locale

7 Multiple Democracies III: Post-national Democracy Post-national democracy

8 Governo Locale Communitarian democracy (Eriksen 2009, chapter 4) Stakeholder democracy Instrumental legitimacy Communitarian democracy Contextual legitimacy Postnational democracy Universalistic legitimacy Post-national democracy

9 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -A third, innovative strategy for legitimation of the European Union and European democracy is that of a rights-based post-national democracy; -Both a stakeholder and a communitarian approach have difficulties with the current EU: they either conceive of it as a state-based structure or as a supranational superstate. Post-national democracy

10 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -It can be argued that the current EU is something else, a post-national, multi-leveled, pluralistic order; -The EU cannot simply draw legitimation from its member-states; - The EU needs to secure legitimation in its own right; Post-national democracy

11 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -The rights-based strategy elaborates a procedural understanding of the EU polity and of its legitimation; -It can said to be cosmopolitan in its attempt to overcome the exclusionary nature of communitarian understandings of the EU (Europeans vs. non-Europeans); Post-national democracy

12 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -This means that EU policy-makers have to take into account a range of interests and opinions: -Europeans and non-Europeans; -Transnational movements, including social movements and NGOs; -Supranational and international bodies. Post-national democracy

13 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -The post-national model emphasises: -The tolerance of difference; -The idea that disagreements need to be resolved through arguments; -A constitutional order that reflects these dimensions. Post-national democracy

14 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -A post-national model needs, therefore, first to constitute a European constitutional order, in order for, second, to create a political bond based on rights: -Rights against member states; -Rights against EU agents and institutions; -Rights against other member states institutions; -But also: enabling rights vis-à-vis various institutions. Post-national democracy

15 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -The emphasis in this model is particularly on political rights as ways of guaranteeing a tolerance of difference (everyone should be able to participate) and of resolving conflict by means of argumentation (from rights to free speech, free consciousness, to rights to hold referenda etc.); -Legitimacy is thus firmly grounded in deliberation. Post-national democracy

16 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -The post-national strategy is grounded in the idea that deliberation provides legitimacy as decisions that affect all are tested in the public sphere; -Communicative power is the main driver of integration, in that it needs to be responsive to the normative demands of diverse groups; -Since legal rights are founded on the notion of reciprocal recognition … as such [they] can foster a sense of community allegiance. Post-national democracy

17 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) -The idea is that a feeling of commonality is based on a form of constitutional patriotism, that is, the idea the Europeans belong together because they share a number of foundational principles and interpretations of rights; -EU citizenship is important, because it allows the socialization into a constitutional patriotism. Post-national democracy

18 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) Post-national democracy

19 Governo Locale Post-national democracy (Eriksen 2009, chapter 4) - The idea is that the legitimacy deficit can be mended by involving the citizens of Europe directly or via their representatives in the EU system of deliberation and decision-making (Eriksen 2009: 72) Post-national democracy

20 Governo Locale Post-national democracy A post-national strategy: -The active development of a European constitutional and political structure with firmly entrenched rights; -A set of fundamental rights and democratic procedures; -A delineation of powers and responsibilities (vertical and horizontal); -Some redistributive measures, and fiscal abilities. Post-national democracy

21 Governo Locale Post-national democracy - A post-national strategy seems more suitable to the current EU in that it stresses different levels, federal arrangements, and subsidiarity; - Democracy is situated on different levels, and includes sub-national, national, and EU levels of democracy; Post-national democracy

22 Governo Locale Post-national democracy - Also James Bohman points to a pluralistic approach, in what he calls a transnational democracy; - Good democratic governance needs both bigger and smaller units; - The proper solutions to the problems of democracy are not to find some optimal size or ideal democratic procedure, but rather to establish a more complex democratic ideal; Post-national democracy

23 Governo Locale Post-national democracy - Transnational democracy (differing from cosmopolitanism and communitarianism) emphasizes the plurality of institutions and communities that are necessary for the flourishing of humanity; - States continue to have a role in the political life of the transnational polity, although are one democratic actor or demos among others; Post-national democracy

24 Governo Locale Post-national democracy - Democracy across borders means that borders are not marking the difference between the inside and outside of a democratic polity; - A democracy of many communities across borders, rather than beyond borders; - The various demoi should enjoy a democratic minimum, that is, the minimum statuses for citizens necessary for democratic self-rule. Post-national democracy

25 Governo Locale Post-national democracy Advantages post-national democracy: - it builds on the rights and principles that are seen as uniquely European (while being universally valid); - borders become less meaningful as European moral norms are also relevant beyond Europe; - weaker tendencies to exclusion; - flexible and polycentric approach. Post-national democracy

26 Governo Locale Post-national democracy Problems post-national democracy: - Post-national democracy requires a constitutional Europe, which is difficult to achieve; - National debates interpret an EU constitution in different ways; different fears reign; - Is a European dimension replacing a national dimension in citizenship and identity? Post-national democracy

27 Governo Locale Post-national democracy Problems post-national democracy: - A tension between rights and democracy: - potential problems of juridification in the case of an unbalanced legalized EU order; - how to resolve the foundation of a deliberative democracy on a procedural basis (that is, by grounding deliberation in foundational norms)? Post-national democracy

28 Governo Locale Post-national democracy Problems post-national democracy: - pluralism and heterogeneity (impossibility to find consensus through deliberation; variety of histories, legacies, experiences, problems); - only weakly developed common understanding between citizens; - difficulty in obtaining civic solidarity, common understanding, tolerance, respect for pluralism (minimal parameters for deliberation). Post-national democracy

29 Governo Locale Post-national democracy

30 Governo Locale The new era of rights Stefano Rodotà - There is a recent renewal in attachments to rights: both Obama and Hollande refer to gay rights and same sex marriages in public debate; - Also in Italy, rights have new coinage: the Corte di Cassazione recently ruled in favour of gay marriages; Post-national democracy

31 Governo Locale The new era of rights Stefano Rodotà - Such renewed relevance of rights has a lot to do with a European dimension; - The European Court of Human Rights and the EU Charter of Fundamental Rights provide the basis for the protection and extension of rights; - Also the Lisbon Treaty contributes to a rights extension: for instance, the right to a Citizens Initiative. Post-national democracy

32 Governo Locale The new era of rights Stefano Rodotà - Europe is thus not merely about economic predominance and narrow-minded politics; - Europe is also about rights, and offers an additional level of protection and enablement to citizens; - Economic and monetary integration is paralleled by an integration by means of rights; Post-national democracy

33 Governo Locale The new era of rights Stefano Rodotà - Europe is thus not merely about economic predominance and narrow-minded politics; - Europe is also about rights, and offers an additional level of protection and enablement to citizens; - Economic and monetary integration is paralleled by an integration by means of rights; Post-national democracy

34 Governo Locale The new era of rights Stefano Rodotà - Europe is thus not merely about economic predominance and narrow-minded politics; - Europe is also about rights, and offers an additional level of protection and enablement to citizens; - Economic and monetary integration is paralleled by an integration by means of rights; Post-national democracy

35 Governo Locale The new era of rights Stefano Rodotà - Europe suffers from a double deficit: 1. democratic (input, participation); 2. legitimacy (output, for whom? solidarity); - These deficits have become more evident in the current crisis; - Many now argue for a new constitutional project, including a reinforcement of the EP; Post-national democracy

36 Governo Locale The new era of rights Stefano Rodotà - If Europe needs redemocratization the development of a common economic policy is not enough, it would merely create a European democracy without a people; - Current elections result point to times that are changing: citizens actions work through rights, and citizens are the indispensable protagonists of a possible new era. Post-national democracy