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Yesterday at one of the last sessions of the Convention, a new text of Article 46 about the "democratic life" of the European Union was presented.
With a lot of effort it was pushed into the Constitution by activists from the citizens movements Mehr Demokratie, democracy international and some very committed Convention members like Jürgen Meyer and Alain Lamassoure.
In the end Convention president Valéry Giscard d'Estaing himself supported the proposal, which is - as I may add slightly heretically - probably the main reason why it had a chance at all to be put into the final text. It would have been too embarrassing to merely state - with a kind of royal generosity - that the citizens of Europe have the right to "participate in the democratic life" of the Union.
Lost
This was more or less the content of the first draft. And in my view this attitude towards the citizens - who are the source of all power given to their representatives in the framework of a democracy - is characteristic for the relationship between the Convention and its Presidium: Regarding the power of the Presidium and especially of Giscard d'Estaing the democratic life of the Convention itself also seemed to be a little "lost in woods".
However, at the last minute a compromise was found, how the citizens shall participate in the Union type democracy: A "significant" number of people - but at least 1 million - from a "significant" number of countries - which was not clearly defined yet - can submit a bill of law to the European Commission which is then obliged to deal with it and to consider whether they want to initiate law, which than has to be ratified by the "good old" European Council.
So what ever started by an initiative, effort, hard and voluntary work of some citizens, and was confirmed by 1 million people in - let's say - six EU countries will be completely subject to the mercy of the Commission. And even if the Commission uses its law making monopoly in favour of the citizens' demand, the whole thing could be easily stopped by the European Council.
Roaring?
So the whole instrument, which will be installed on EU level, is less a means to enable the citizens to roar like a lion but more to make them "miaow" like a kitten.
On the other hand, this is definitely a step in the right direction. Perhaps the "kitten" has to grow up and will use the "miaows" as to be able, eventually, to roar. In the end - if there is ever an EU-state with a Constitution - there must be a legally binding way of citizens lawmaking.
And that practically means the full right of initiating law by the people and a clearly defined way of how to get a ballot for making a binding decision. And, in addition, the right of referendum, which means that the citizens - following a clearly defined procedure - can stop laws, which was passed by the European Council.
This request might sound quite ridiculous regarding the democracy level of the present situation, but with the current shape of Article 46 there is at least a change to go further steps on the way to a society where participation in the "democratic life" of the Union does not have to be granted to the citizens by the ones who they - the people themselves - empowered, but where the democratic life of the Union - and in this framework the role which their representatives shall play - is defined by the people themselves.
However, a little bit of optimism is needed to share this vision.
THOMAS RUPP - is one of the co-ordinators of the European Referendum Campaign and is leading the democracy international office in Frankfurt, Germany.
European Referendum Campaign web site
European Referendum Campaign
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