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Due to limited financial and technical resources, this content is only available in German. Please donate today so that we can translate and synchronize all of our work into English. For the English article, visit the original source The Intercept. Yet it would be a misunderstanding of the Union's principle of democracy to place only the individual Union citizens at the centre. The Union does not negate the democratic organization of citizens in and by the Member States.
The Union's principle of democracy builds on two constitutive elements: the peoples of the Member States on the one hand and the Union's citizens on the other hand. Bast, supra note 10, 55 and resp. This conception can be clearly seen in Article 10 2 of the EU Treaty. This discards theories of democracy that put the rule of the majority and the fight between competing parties at the very heart of their understanding. The rule of the majority cannot be the defining element of democracy in international settings.
In the international context, democracy can far better be conceptualized by theories advancing the search for broad consensus. This issue of consensus leads to the question: What is European democracy all about? As a matter of fact, the Union can be interpreted as an institution protecting Europeans from American, Chinese or Russian hegemony. To interpret the complex procedures of the Union in this sense, however, exceeds conventional imagination. This appears viable in a nation state based on a strong concept of nation. The consequence of this conception can therefore only be to perceive the Union as currently not capable of democracy.
The Europeans who endorsed the Treaty must hold a different understanding.
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Article 9 of the EU Treaty, read together with Articles 10 to 12 of the EU Treaty, suggests that the cornerstones of European democracy are civic equality and representation, supplemented with participation, deliberation, and control. Lord, J. Archibugi and D. Held eds , Cosmopolitan Democracy. M, , at European law indicates the development of transnational and possibly cosmopolitan forms of democratic inclusion. Ingram, Radical Cosmopolitics. They are centred on the individuals 46 S. Haller, K.
Gerichte als Vormund der Demokratie? Campus, Frankfurt, New York, , 61—, at Without a doubt, no legal instrument enshrines transnational or cosmopolitan citizenship. But this is not a prerequisite for legal concepts. A comparison with European integration prooves, once more, revealing.
In the early s, Hans Peter Ipsen coined the legal concept of the market citizen.
Ipsen and G. In this light, transnational or cosmopolitan citizenship appears as a legally feasible concept. In particular, human rights have been developed as standards that protect the individual against any form of public authority. Simma and P. P Bohoslavsky, J. If one reads these developments in light of the EU experience, elements of a transnational and possibly cosmopolitan citizenship can be found in the law as it stands; it is not a utopian idea alien to the current legal world.
Peters, in J.
Klabbers, A. Peters and G. A critique of this approach might state that it transforms any human rights approach into one of transnational and possibly cosmopolitan citizenship.
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It makes in fact good sense to distinguish between these two types of approaches. Most human rights approaches are focused on protecting the individual. The idea of transnational and possibly cosmopolitan citizenship builds on this, but goes a step further. As Habermas's critique of Ipsen's concept of market citizenship rightly points out, 52 J. M, , at 91, et seq. But even such elements exist in international law. Many international rights provide space for political contestation and participation, such as Articles 19, 21, 25 ICCPR.
Certainly, two elements dear to citizenship in the national context are missing on the international level: there is no defined group of citizens beyond the state citizenship, no right of free movement, and there is no right to vote for international parliamentary assemblies. But one can distinguish federal or EU concepts of citizenship 53 C.
There is broad consensus that the thought on such new forms of democratic inclusion should be open and experimental. For that reason, transnational citizenship as a legal thought should not be made dependent on the legal creation of the people and direct elections, 54 Seminal A. Its use in international relations is now firmly established, see M. He shows that cosmopolitan convictions and dispositions are shared by large parts of the world population. Following the example of European Union law, transnational and possibly cosmopolitan citizenship can be used as legal concepts to analyse, interpret and develop the law of international institutions, as well as to legitimize their functioning.
This does not aim at substituting states, 56 This would go against the thrust of contemporary international law, K. Schlenker and J. Another insight is the dual structure of democratic legitimation. Democratic procedures at the international level are more likely to work if they are set out to supplement rather than substitute the democratic legitimation that is produced by domestic procedures. The experience of the European Union, where democratic legitimation is derived from direct elections by equal citizens via the European Parliament and indirectly through the peoples of the Member States via the European Council and Council , exemplifies the idea that different bases for legitimation can not only coexist, but can be mutually supportive.
Since the Federalist Papers, the idea of democracy has found its most important institutional expression in representative bodies; 58 For a recent reconstruction B.
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Article 10 1 of the EU Treaty builds on this. Almost 20 years of discussion have revealed it as a core feature of democracy, which, however, needs to be adapted to the new settings. The conceptual implications of this scheme are enormous. A transnational parliament can confer democratic legitimation although it does not represent a people or a nation and does not fully live up to the principle of electoral equality. On representation E.
Moreover, a governmental institution is also able to do so. This contrasts sharply with national constitutional law. The idea of a unitary people is too strong. By contrast, European executive federalism has its own democratic significance in light of the Union's democracy principle. The revival of concepts of global parliamentarism can — as was the case in the EU — be interpreted as a reaction to the perceived limits of democratic legitimation in international institutions. Shapiro and C.
In comparison to the EU, however, the issue is even more difficult in international institutions, for example because of autocratic member states. Nye Jr. This is probably an insurmountable problem for any idea of global democracy or Westminster style models, but less so for the more modest aim to merely improve democratic inclusion.
Calls for international parliamentary bodies in the international legal debate are by no means a new phenomenon. Two basic conceptions have dominated the debates about the composition of such international parliamentary bodies. According to the first model, a global parliament is supposed to consist of representatives from national parliaments. In this version of international parliamentarism, national elections remain the source of democratic legitimation. Here, the source of legitimation is ultimately identical to that claimed by national governmental representatives when acting within international institutions.
To what extent can a parliamentary body provide additional democratic legitimation? Elements to answer these questions are laid down in Article 11 of the EU Treaty. If such assemblies operate in a transparent and deliberative way embedded in national and transnational publics and responsive to the affected citizens, the argument can be made that they can generate democratic legitimation proper. This finds a cautious expression in the election of judges to the ECtHR by the Parliamentary Assembly of the Council of Europe, which is even ahead of the European Union in this respect.
This procedural element has for example triggered a positive politicization of the election process when the assembly rejected a Member State's list of candidates because it did not include any female candidate. Also note that some statutes try to address the disproportionately weak representation of women explicitly, see, e. The second scenario envisages a parliamentary body consisting of members who are directly elected.
This form of assembly, of which the European Parliament is so far the only existing — albeit regional — emanation, certainly is the more ambitious one.
Eine rechtspolitische Ideengeschichte Available from: www. Falk and A. In order to counter the argument that a global parliament would either be dominated by few populous countries or grow to an unworkable size, many different apportionment formulae have been developed. Most of them rely on the size of the population of a particular country and use complex mathematical calculations and, as the EU, the principle of degressive proportionality. Pettit, supra note The question of what the functions and competences of such a global parliament should look like seems to have attracted somewhat less attention than the question of its legitimizing value.
Proposals range from full scale global legislation to watchdog and veto functions for other organs. One of the more innovative proposals constructs a role for a global parliament in deciding controversial legal issues, such as conflicts between international human rights law and international economic law.
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Some experimentalism should be welcomed. Granted, there is no certainty as to how to increase democratic representation within international organizations.
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For that reason, soft law instruments should be used in order to test ideas. Articles 9—12 of the EU Treaty show on which conceptual basis and in which direction experiments can be undertaken. Democracy needs representation, but goes beyond it. This move beyond formalized procedures is a main insight in democratic theory of the last decades and reflected in Article 11 of the EU Treaty.
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Of particular significance are transparency, the participation of those affected, and deliberation, but also flexibility. Transparency also enables access to information necessary to inform oneself of the rights, duties and powers of particular actors, to attribute accountability for specific acts to them and, when necessary, to invoke their responsibility. The relevance of transparency for the principle of democracy in European law is confirmed by Article 11 1 and 2 of the EU Treaty.
It has further become the subject of a considerable body of case law.