1. Legitimacy deficit and Direct democracy: Bulgaria and the EU The design determines the quality of DD - a good design focuses on deliberation, participation and legitimacy
An Introduction for Dialogue for Europe
in Sofia, 27th of February 2007
by Andreas Gross (Switzerland)
Director of the Scientific Institute for Direct Democracy in St-Ursanne (JU/CH) and Swiss MP/PACE

2. Legitimacy is the most precious political product: It means, that those who disagree with some decisions and realities accept and support the way how they were taken !
The Legitimacy of a system has two different components:
The output comp: What are the results ?
The input comp: How they have been made ?
In order to be legitimate a system has to realize in both way some minimal standards

3. Out- or/and in-put-problems ?
The possible Legitimacy - paradox in a new EU-member state as Bulgaria today:
The Bulgarian constitution realizes formally more legitimacy than the EU - but Bulgarian politics might be perceived as less legitimate by many today:
Out- or/and in-put-problems ?
The formally worse EU gets in Bulgaria a higher legitimacy : output is convincing/ input problems ignored ?

4. The EU-outcome does not convince too many old Europeans
In the old EU-Member-States the EU has a double legitimacy problem (“crises”)
The EU-outcome does not convince too many old Europeans
The procedural way the EU decisions are made, do not satisfy more and more old Europeans
This double legitimacy crises for the EU is increased by the fact that the majority of old EU-States have national double-legitimacy problems as well

5. The input - legitimacy - problem is the expression of too less citizen participation and of too simple procedures
In all democracies many citizens want to participate more (Big social potentials)
The more power an institution has , the better is has to organize it’s legitimacy
An EU-wide Direct Democracy system is today more realistic then national DD in the 19.century (F/CH/US)

6. 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

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

8. 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?

9. 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

10. 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)

11. 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 »)

12. 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

13. 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