Democratic Participation in a Citizens’ Europe: What Next for the EU? Conference Report University of Liverpool - 5th May 2016 Liverpool European Law Unit THE START OF A NEW CONVERSATION ON EU PARTICIPATORY DEMOCRACY Brought to you by: Liverpool European Law Unit, at the School of Law and Social Justice, University of Liverpool The ECI Campaign The Democratic Society People2Power Citizens for Europe Report Contents: Overarching Conference Themes 2-4 Paths to Participatory 5-7 Democracy Social Movements and Campaigning 5 Deliberative Democracy 6 Direct Democracy and Crowdsourcing 7 Charting a Course Forward 8-9 Moments of crisis can contain within them the seeds for revitalising reforms and future progress. Since the 2008 global financial meltdown, European Union (EU) policy has increasingly been made by elites using the least democratic methods and within the institutions least accountable to citizens. This can make EU governance appear at times like a medieval siege with elites huddling behind fortress walls, terrified to let down the drawbridge lest populist hoards destroy all they have built. Tragically, blinded by fear, leaders fail to see their strongest potential allies: the majority of ordinary citizens who just want the EU political system to be fair. This requires that citizens have meaningful opportunities to influence policy - even if most never get involved. “Participatory democracy is the middle ground between the elitist-populist death spiral.” – Bruno People2Power Kaufmann, On 5th May 2016, just weeks before British voters were set to decide on the UK’s EU membership, participatory democracy activists and researchers sat down together in Liverpool to begin to explore how citizen participation might revitalise the European project. This report shares highlights from these discussions. A companion publication to be published in late 2016 will explore many of these issues in greater depth. “If we do not raise the level of engagement (in politics) then we (society) will fail.” – Conference participant NOTE ABOUT THIS REPORT This report is a global synthesis of ideas pulled from speeches and numerous small group discussions that took place throughout the conference on 5th May 2016, as well as articles that appeared prior to the event on www.people2power.info. Ideas are organised by theme. Individuals are quoted when their names are known. Workshop and table discussion summaries refer to ideas recorded in written notes. Information was pulled from recorded speeches, table group notes, workshop note-takers, Twitter comments and idea wall comments. 1 On Twitter @livuni_LELU @Demsoc #DemEU16 @people2power @ECInow Democratic Participation in a Citizens’ Europe: What Next for the EU? Page 2 OVERARCHING CONFERENCE THEMES Throughout the day, several broad themes emerged repeatedly in different contexts and voiced by diverse participants. Below is a summary. Social movements, deliberative democracy and direct democracy are complementary. There is no single “best” form of citizen participation for the EU level. Each serves a different purpose. Social movements allow issues to bubble up from the grassroots and amass citizen power to pressure decisionmakers. Deliberative forums bring ordinary citizens into the heart of decision-making where they can act collectively for the common good. Direct democracy tools ensure that citizens can impact policy and will therefore be motivated to engage. These distinctions aren’t strict and there is much overlap. Direct democracy can facilitate deliberation and issue learning. Deliberative forums can lead to binding decisions and inspire citizens to join social movements. Social movements can use deliberation and help issues to ripen to the point they are ready for a direct democracy tool such as a referendum. “Deliberative democracy is a form of direct democracy. The difference is the format.” – table group summary “The educational aspects of direct Improve what exists first. democracy are most important. The more you participate, the more you learn.” – workshop summary Many participants were surprised by how many EU tools for citizen participation already exist -- such as the European Citizens’ Initiative (ECI), petitions to the European Parliament, stakeholder consultations and online policy crowdsourcing tools such as Futurium for science and innovation. They are all underused. Most are poorly communicated to citizens. Some have significant design flaws. All have untapped potential. There is clearly much that can be done with current tools and infrastructure. “We have democracy without democratic accountability or effective governance. Start with what we have and make that better.” - Peter Cruickshank, Edinburgh Napier University Add an EU-level citizen deliberative body. What seems to be entirely missing at EU level are ways to bring ordinary citizens into the heart of EU decision-making -where they may deliberate policy options and decide which are best for the common good. To meet this need, a proposal for institutionalising a European Citizens Assembly made up of rotating groups of ordinary citizens chosen at random found many enthusiastic supporters. “Decision-making by deliberation among free and equal citizens… is about as far away from current EU practices as one could get.” – Graham Smith, University of Westminster 2 Democratic Participation in a Citizens’ Europe: What Next for the EU? Page 3 Participatory democracy must be designed by and for people, not bureaucrats. Both EU participatory tools and communication methods operate in a top-down manner that meets decision-makers’ needs but not those of most citizens. Issues are framed from the point of view of elites and exclude critiques and contentious debate. They thus fail to connect with citizens. Citizens will engage with EU policy if it touches what they care about. Open debate, where diverse views may be thoroughly explored, is also healthy for democracy. Better EU civic education, more accessible communications and user-friendly participatory tools are all helpful. However, ultimately what is needed is a cultural shift toward active citizenship where citizens are expected to be part of the EU policy-making process. “Stop imposing a subject on citizens. Most people don’t see how it impacts their everyday life. We need to find a new way to speak about Europe.” – Lucie Anizon,L’ Institut de la Concertation Create a neutral EU public participation authority. Participants concluded that participatory democracy tools need neutral watchdogs to avoid their co-option by powerful entities. EU institutions, including the Commission, were judged inappropriate. They are neither genuinely neutral nor do they possess the necessary skills and expertise to engage citizens. “Participation is a culture change… so that it’s not just… where Brussels asks people to participate, but where people expect to participate.” – Anthony Zacharzewski, The Democratic Society - The Ideas Wall - Participatory democracy enhances representative democracy and complements technical expertise. It does not replace either. As the only directly elected EU institution, it is concerning that the European Parliament is increasingly cut out of decisionmaking. Citizen participation tools could be designed to specifically enhance its influence (e.g., an e-petition that leads to a plenary debate in Parliament). Technical expertise is vital to inform deliberation and decisionmaking among both citizens and elites. This is also the role of issue-expert NGOs which citizens can directly support either by offering their skills as volunteers or with financial donations. “Since the financial crisis, the EU has closed off avenues for engagement…. (there’s a) need to rebalance the powers between institutions… Stop fearing citizens….The European Parliament is an ally to social movements.” – Louisa Parks, University of Lincoln 3 Democratic Participation in a Citizens’ Europe: What Next for the EU? Page 4 The EU needs a “networked” or “platform” infrastructure for participatory democracy. Citizens need multiple channels through which they can engage with European policy issues. These could be local, national, regional or EU-wide. They could be via intermediary organisations such as national parliaments or civil society organisations. They could also engage citizens directly with EU institutions. They could be online or face-to-face. All these different approaches need to be networked to enhance citizen voice and power. “There is a danger in thinking that participation takes place locally. So many problems are at European level.” – Graham Smith, University of Westminster “We need to move from individual innovations to something that looks like a network or platform for EU democracy.” - Anthony Zacharzewski, The Democratic Society Technology can make any citizen participation process easier to scale and spread transnationally. “Technology is always making things easier. Whatever the exact forum that materialises, someone will come up with it.” – Oliver Escobar, University of Edinburgh Technology has made many things possible that were previously considered impossible. It’s already being used to build transnational social movements, facilitate citizen deliberation and simplify participation via direct democracy. Digital exclusion is certainly a concerning reality but we should not be stopped by what now look like insurmountable logistical challenges to EU-wide citizen participation. Institutionalising participatory democracy at EU level is challenging, but worth the effort. The overall conference mood was one of hope and possibility. The EU level is much more complex than the national level with many logistical and procedural challenges to citizen involvement. Strong elite resistance and poor public understanding of the EU create more barriers. However, public participation at EU level is both possible and necessary. 4 “Elite involvement won’t disappear. (Is this) legal rock throwing?” - table group Democratic Participation in a Citizens’ Europe: What Next for the EU? Page 5 PATHS TO PARTICIPATORY DEMOCRACY This conference brought together practitioners and researchers who specialise in different approaches to public participation: social movements, deliberative democracy and direct democracy. Although they found much overlap and complementarity, it is equally important to keep in mind the specificities of each approach and how each could be strengthened at EU level. Social Movements and Campaigning What unites approaches grouped loosely as “social movements and campaigning” is that they are entirely grassroots driven. Citizens, not elites, set the agenda. They themselves decide on which issues to engage. Through diverse actions, they raise awareness and facilitate public discussion of issues and support policy ideas to ripen to the point where they may become law. Through collective action, citizens also amass power that can convince decision-makers to act. “Social movements have always been there to negotiate power relations with an emerging centralised state...and the boundaries of citizenship (what is right and wrong in our societies).” – Louisa Parks, University of Lincoln After the financial crisis of 2008, social movements lost many of their best outlets within the EU institutions. More policy decisions were taken using intergovernmental rather than community methods. Policy-making responsibilities within the Commission moved from civil society friendly DGs to those closer to industry. At the same time, the grassroots base weakened as Brussels-based civil society organisations professionalised to be expert lobbyists, and European social movements became more localised (e.g., occupation of public squares). Many Brussels-based policymakers appear oblivious to citizens’ frustration with how the EU works and feel no need for change. Only grassroots citizen actions can convince them otherwise. Given this, speakers and participants focused on how to reinvigorate and trans-nationalise European social movements. matically reduced costs and timelines, as well as increased the sophistication and effectiveness, of EU-wide issue campaigning. Professional campaigners now combine mass online petitions with targeted actions that focus on specific decision-makers and mobilise the groups most relevant to them. Organisations such as WeMove.eu are going a step further to build communities of like-minded citizens who themselves set the agenda. “Lobbying and campaigning are linked. It’s about giving citizens tools to shout louder… Decouple public opinion from being co-opted by business to enable citizen voice.” – table group summary Individual citizens can use data now easily available online to become citizen lobbyists. They can advocate policies using social media, talk with policymakers in person or use their skills to support civil society organisations. Not only will deeper citizen involvement improve the quality of policies, but using one’s talents for the common good enhances human well-being. However, prospective citizen lobbyists need to be supported to use advocacy tools and connect with issue organisations. “Campaigning together on issues builds solidarity and cohesion. We focus on what unites us rather than what divides us. Ultimately unity is what is needed for the EU project to succeed.” – Rebecca Baron, WeMove.eu “There are lots of fantastic ideas, but they all need to work together. There is no single solution that’s going to change the way the EU works.” – James Organ, University of Liverpool “Policy-making needs citizens. Don’t leave it purely to the professionals…Voting is too little and running for office is too much. Citizen lobbying is in-between.” – Alberto Alemanno, HEC and The Good Lobby Dynamic and flexible EU-wide social movements are being built using online and offline community organising techniques. Technology has dra- 5 Democratic Participation in a Citizens’ Europe: What Next for the EU? Page 6 Deliberative Democracy Deliberative democracy brings ordinary citizens who don’t necessarily have an issue to promote into the heart of decision-making. Citizens are given the information and structures they need to deliberate the strengths and weaknesses of policy options, as well as express their preferences. Deliberative forums may be designed as consultative exercises or empower citizens to take binding decisions. However, issues are typically chosen and framed by decisionmakers, not by citizens themselves. “There’s a lot of hunger for popular participation in the EU. At the moment, it’s about working out the institutions.” – Jeremy Moulton Deliberative democracy seems to be entirely missing from the EU policy-making process. There have been a few experiments with deliberative forums (e.g., Plan D), but none impacted policy or was made permanent. Consultations with civil society organisations or debates in Parliament are sometimes equated with deliberative democracy. However, unlike citizens, members of these bodies cannot easily change their minds or search for a solution that is best for society overall. They must prioritise the goals of their organisation’s members or political party. “How about an ECA to represent future generations?” - table group summary While there was a lot of interest in integrating citizen deliberation into EU policy-making, design problems still need to be worked out. There are obvious challenges of language and distance, some of which could be solved by technology. Deliberation also needs to be designed to welcome all viewpoints, including Eurosceptic voices which elites can see as threatening. However, the major challenge seems to be fitting it into an already complex policy-making process. “What would its role be? Consultative? Veto power? Enforce a referendum? Set agenda? Decide?” - table group summary “Some writers have suggested that the EU is a deliberative system…but what is missing is democracy. Citizens have very little part in that system.” – Graham Smith, University of Westminster Several deliberative democracy tools used in local and national government could be adapted to the EU level. The idea that was most widely discussed was a European Citizens’ Assembly (ECA) made up of randomly-selected citizen who represent the EU’s diversity. It would be far more diverse than any existing EU institution -- in age, gender, education, profession and social class -- as well as protected from lobbyists and political pressure. ECAs could be held occasionally on contentious issues, as an outcome of a successful ECI (European Citizens’ Initiative) or even become a new EU institution with a regular role in policymaking. “Why not a chair in the European Council (for the ECA)?” – Twitter comment 6 “The EU is already very complex. Is there a space for another institution?” - table group summary Democratic Participation in a Citizens’ Europe: What Next for the EU? Page 7 Direct Democracy and Crowdsourcing Direct democracy tools empower citizens to have a concrete impact on policy. They thus offer a highly compelling incentive for citizens to participate. Since all citizens have a chance to influence policy, they also enhance the representativeness of representative democracy. Similarly, crowdsourcing taps into the wisdom and experiences of large numbers of people to identify new policy solutions. “Direct democracy is what gives citizens the ability to strongly influence law and policy…We need impact to go along with the deliberation.” – James Organ, University of Liverpool The greatest benefit of direct democracy seems to be the policy education and deliberation that takes place through citizens considering policy proposals and debating them in public gatherings and media. Even if a proposal fails to become law, the public has still been actively involved in policymaking. “Direct democracy produces “happy losers”…who feel happy with the system… (because) dialogue is in the centre.” – Bruno Kaufmann, IRI Europe and People2Power There are 1,000s of direct democracy tools in use worldwide (see www.direct-democracynavigator.org). Their impact is linked to their design. They can be bottom-up initiatives where citizens can set the agenda or top -down plebiscites where decision -makers initiate the process and frame the issue. Speakers were critical of the latter (e.g., the UK’s referendum on EU membership) but supportive of the former (e.g., the European Citizens’ Initiative). used for EU issues. While they empower citizens, they can also undermine EU solidarity since nationals of just one country take decisions that impact residents of all EU Member States. An EU-wide referendum right would treat all citizens equally. It could be used for treaty revisions or to implement successful ECIs. Another tool in use in many Member States that could be adapted to EU level is an epetition. If enough citizens support the petition, it could trigger a plenary debate in the European Parliament or compel it to create a legislative initiative report (i.e., ask the Commission to propose legislation). Similarly, participatory budgeting, which empowers citizens to propose and select projects to fund, could be used to allocate EU structural funds. Currently at EU level, there is only one weak agenda-setting tool: the European Citizens’ Initiative (ECI). The ECI allows one million EU citizens to invite the Commission to propose legislation, but does not compel it to act. Participants agreed that the ECI needs to be made more impactful by creating a greater obligation for EU institutions to act. Other ideas included having a successful ECI trigger a European Citizens’ Assembly (ECA) where the proposal’s merits and drawbacks could be debated by citizens or a binding EU-wide referendum where all EU citizens would collectively decide whether it should become law. “There are some excellent ideas about how to participate coming from the bottom up. It’s not just about the mechanisms that the Commission or other EU institutions are looking at. But a lot of this dynamism is coming Online crowdsourcing tools are now used by some DGs (e.g., Futurium for science and innovation) to gather policy proposals from citizens. These could be used as part of a participatory process to reform the EU treaties, including adding new direct democracy tools. “Upscale the ECI. Raise the hurdle to five million signatures then put forward an EU-wide referendum. (This will result in) better feedback for and against (the proposal).” – Sophie Hatzfeldt, Democracy International Speakers and participants were however divided in their support for referendums. Several Member States currently have national referendums that have been 7 from society itself.” – Conference participant Democratic Participation in a Citizens’ Europe: What Next for the EU? Page 8 CHARTING A COURSE FORWARD As the conference progressed, the focus turned from specific public participation methods to how to combine them in order to expand and institutionalise participatory democracy in European Union policy making. Several potential paths forward were proposed. Some could form the basis of future collaborative or pilot projects involving both universities and civil society organisations. We can use what already exists to begin to build an EU participatory democracy infrastructure. It is clear that we don’t necessarily need to redesign EU governance from scratch in order to better incorporate citizens in decision-making. Existing EU public participation methods, such as the ECI and stakeholder consultations, could be better implemented and promoted. Parts of the EU institutional “Need to scale infrastructure that have become redundant could be modified or replaced. Methods that have proven effective at local and regional levels, such as epetitions and participatory budgeting, could be adapted to the EU level – perhaps by starting with pilots to prove they work transnationally. Involve citizens in treaty reform. Significant treaty changes are necessary if the EU is to survive long-term. Given the high levels of distrust of politicians, treaty reforms dictated by elites would likely be rejected by citizens. Now could thus be the ideal moment to replace the “behind closed doors” model of treaty design with a good ideas and create networks around them.” – quote on Twitter more transparent process that actively involves citizens. Different participatory methods could be combined, such as online crowdsourcing to gather ideas and a citizens’ deliberative assembly to explore proposed changes. Use treaty reform to institutionalise citizen participation. The fact that EU treaty reform is needed provides opportunities to both improve existing participatory democracy tools and add new ones. For example, the ECI could be made more impactful and expanded to include future treaty amend- ments, the petition right could be expanded into a tool that strengthens the European Parliament and citizen deliberative forums could be institutionalised as part of policymaking. The possibilities are many. Reimagine the EU as an agreement between people vs. states. The 21st Century requires different models of governance than those put in place after World War II. This could perhaps even mean replacing EU treaties (agreements between states) with an EU constitution (agreements between citizens). “What is the source of legitimacy for what they (EU leaders) are doing? To what extent are we able to re-found Europe (with) sovereignty derived from the people directly…or a more participatory Europe?” – workshop discussion 8 Another idea is to create an EU tax payable by each citizen vs. contributions from Member States. This would symbolically give each citizen a direct stake in the EU. Build a social movement for EU participatory democracy around a unifying issue or event. Given elite opposition to citizen involvement in the EU, significant grassroots pressure will be needed if any reform is to take place. However, citizens only engage around issues that directly impact their lives, not EU governance. The 2008 financial crisis which continues to impact government services, taxation and employment continent-wide could be such an issue. A worsening or repeat of this economic crisis could provide a “unifying moment” to redesign the EU. Another opportunity is to build on the movement created in opposition to the TTIP which has at its core threats to democratic decision-making on labour and environmental issues. “We need to talk about things that matter Europe-wide rather than talk about Europe.” – workshop discussion CONFERENCE AGENDA I. The Context for EU Democratic Participation – III. Applying Citizen Participation to EU Challenges - Speeches and table discussions Welcome: Amandine Garde, University of Liverpool Host: Anthony Zacharzewski, The Democratic Society – Collaborative workshops Writing public participation into EU law: James Organ, University of Liverpool Carsten Berg, The ECI Campaign-Citizens for Europe Speakers: Alberto Alemanno , HEC Paris – citizen lobbying supported by transparency Rebecca Baron, WeMove.eu- transnational social movements facilitated by technology Graham Smith, University of Westminster – deliberative citizens’ assemblies James Organ, University of Liverpool – legal tools of direct and participatory democracy Victoria Kupsch, European Democracy Lab – a new vision for a Europe of citizens Designing an EU public participation infrastructure: Janice Thomson, The ECI Campaign-Citizens for Europe Oliver Escobar, University of Edinburgh Creating a European public space from the ground up: Anthony Zacharzewski, The Democratic Society Niamh Webster, The Democratic Society IV. Diving Deeper and Planning for Action Host: Mumta Ito, Rights of Nature Europe and The ECI Campaign-Citizens for Europe II. Approaches to Participation – Collaborative workshops Direct democracy and crowdsourcing: Bruno Kaufmann, Initiative and Referendum Institute Europe Sophie Hatzfeldt, Democracy International Deliberative forums and consultation: Raphael Kies, University of Luxembourg Kaela Scott, Involve Social movements and campaigning Louisa Parks, University of Lincoln Rebecca Baron, WeMove SPECIAL THANKS TO EVERYONE WHO MADE THIS CONFERENCE SUCH A REWARDING EVENT, ESPECIALLY: James Organ, Janice Thomson, Niamh Webster, Carsten Berg, Bruno Kaufmann, Beth Wiltshire, Anthony Zacharzewski, Alberto Alemanno, Graham Smith, Rebecca Baron, Victoria Kupsch, Sophie Hatzfeldt, Raphael Kies, Kaela Scott, Louisa Parks, Oliver Escobar, Mumta Ito, Patrick Butchard, Alvaro Oleart Perez-Seoane, Qiang Ren, Katy Sowery, Andy Woodhouse, and Rachel Heah 9
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