DIRECT DEMOCRACY AND EUROPEAN INTEGRATION
Dr. Martin Belov
……………………………………..
Dr. Martin Belov
e-mail: [email protected]
Office: t.b.a.
Office hours: by appointment
COURSE DESCRIPTION
The course “Direct Democracy and European Integration” is devoted to the presentation and discussion of
several important issues of the role of direct democracy in the European multilevel constitutionalism. Is the EU
sufficiently democratic? Which are the features of the democratic deficit of the EU? What are the main elements of
the emerging supranational constitutionalism in the EU? Will the European constitutionalism remain democratic and
what is and will be the shape of the supranational democracy? Does the direct democracy contribute to the
“democratization of the democracy” in the EU (C. Offe)? Is it possible to have real direct democracy on the EU level?
What is the contribution of the European citizens’ initiative and the elections for European Parliament to the
compensation of the democratic deficit of the EU? Which are the national forms of direct democracy provided by the
domestic constitutions of the EU member states? Which are the most important instances of national referenda on EU
issues and did they contribute to the strengthening of the democratic features of both the EU and the constitutional
system of the respective member state? These are just some of the main topics which will be analyzed and discussed
during the course.
The course starts with introduction of the main concept related to direct democracy. We need clear criteria
for delimitation of the direct democracy from the other forms of democracy and especially from the participatory
democracy in order to start exploring the EU related forms of direct democracy in the member states as well as the
forms of direct and participatory democracy on the EU level. That is why the direct democratic institutions will be
classified with regard to several main criteria. The institutional design of the national models of direct democracy in
the different EU member states will be presented on the basis of the just mentioned classification. Hence at the end of
this first part of the course (which encompasses sessions I-III) the students will be expected to be sufficiently
acquainted with the basic concepts, notions and forms of direct democracy. At the end of this part of the course the
students should be aware of the constitutional provisions on direct democracy in the EU member states and with the
general trends in the political practice in these national jurisdictions.
The second part of the course (sessions IV-VI) is devoted to the emerging European constitutionalism which
is produced by the EU integration and the role played by the direct democracy in the late modern and early post-modern
supranational constitutionalism of the EU. Initially the main features of the European constitutionalism will be
presented. This will be done via critical analysis based on the most important analytical paradigms which have been
developed during the last decades – the theories of multilevel constitutionalism, constitutional pluralism and global
governance. Furthermore the challenges to democracy produced by the European integration, the globalization and the
emergence of supranational constitutionalism will be analyzed. Special emphasis will be put on the democratic deficit
of the EU. Last but not least we are going to explore the potential of the direct democracy to eventually serve as remedy
for the crisis of democracy in the epoch of the late Westphalian statehood and the early postmodern and postWestphalian age.
The third part of the course (sessions VII-X) will provide insights of the EU related forms of direct democracy
in the member states. The discussion will start with analysis of the direct democratic instruments provided by the
constitutional systems of the EU member states and accomplished in the political practice. Afterwards the most
important referenda on EU issues in several member states will be presented. Particular attention will be given to the
Danish referenda for ratification of the Maastricht Treaty, the French and Dutch referenda on the Treaty on the
Constitution of Europe and the Irish referenda on the Lisbon Treaty. However other EU related referenda such as the
non-successful Norwegian referenda for EU accession, the Greek bailout referendum, the Hungarian migrant-quota
referendum etc. will also be discussed. An in-depth analysis of the Brexit referendum in the UK will be accomplished.
It will consist in presentation of its constitutional and legal foundations, the tensions between the principle of
parliamentary sovereignty, the direct democracy and the British engagement in supranational constitutional schemes,
the socio-political context of the referendum and its relation to the other referenda concerning power centralization or
decentralization such as the devolution referenda and the Scottish independence referendum. Finally, we will discuss
the consequences of the Brexit referendum for the British constitutional system as well as for the future of the EU
constitutionalism and the European integration.
The final part of the course (sessions XI-XII) presents the forms of direct and participatory democracy on the
EU level. The European citizen’s initiative will be at the center of the discussion. The students will get acquainted with
its legal nature, the procedure for its accomplishment, the results that it may produce and its effects on the democratic
features of the EU in general and on the democratic deficit of the EU in particular.
The course will finish with discussion on the conceptual issues stemming out of the effects of the direct
democracy on the European constitutionalism. The chance for fully-fledged direct democracy on EU level, e.g. in the
form of pan-European referendum as proposed by Jürgen Habermas, the interplay between direct democracy, European
citizenship and political rights of the EU citizens and the chances that the direct democracy may serve as at least partial
remedy to the crisis of representative democracy in Europe are among the questions which will be debated.
ASSIGNMENT
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active participation in class/discussions on key issues
1 homework/assignment* (5000 words / ca. 14 pages in length)
*Essays should be sent to the e-mail: [email protected] not later than 1st September 2017.
GRADING
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20 % active participation in class/discussions on key issues
80 % homework (assignment)
20 % of the final mark of the students will be determined on the basis of their regular presence and active
participation in the discussions during the course. Since the teaching will be partially based on the use of the Socratic
method which presumes the high degree of involvement of the students in the deliberation of the subject matter active
participation in the academic discussions on key issues will be highly appreciated. The main criteria for evaluation of
the quality of the participation will be not just its intensity but especially the ability to formulate coherent and consistent
argumentation and well-informed opinion which demonstrates the possession of both knowledge and intellectual
creativity by the student.
The successful written presentation of scientific essay as a homework forms 80 % of the final note. The length
of the essay should be approximately 3500 words (title, name, footnotes and literature included) with possible deviation
of 350 words. The topic of the essay must be chosen out of a list of possible themes which will be presented to the
students by the professor. The essay has to be presented via e-mail to the professor not later than 14 days after the end
of the course.
In the course of writing the essay the students have to comply with the following structure:
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Introduction. Here the students have to provide the reasons why the topic of the essay is actual and
interesting, what are the main goals that will be achieved by the research, what are the key issues that are
going to be discussed and eventually what is the methodology that is going to be used. The introduction
should be between 200 and 450 words.
Main part. The students may structure it in sections or may preserve it as not internally structured part of
the essay depending on the choice of the theme and the way they want to present it. This part of the essay
must be devoted to analysis of the key issues of which the theme is composed. The students may use
different scientific approaches to the theme which will be clarified during the lectures.

Conclusion. Here the students have to sum up the main results of the research. They have to summarize
in structured way the most important findings of their analysis and eventually propose solutions or raise
questions for further research. The conclusion should be between 300 and 500 words.
The evaluation of the essay will be based on the following criteria:
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Logical argumentation – 20 %
Originality of the argumentation – 20 %
Academic style matching the criteria for academic writing – 20 %
Informative content– 20 %
Demonstration of sufficient knowledge of the scientific literature – 20 %
PLAGIARISM AND ACADEMIC MISCONDUCT
It is expected that all homework assignments, projects, papers, theses, and examinations and any other work submitted
for academic credit will be the student’s own. Students should always take great care to distinguish their own ideas
and knowledge from information derived from sources. The term “sources” includes not only primary and secondary
material published in print or online, but also information and opinions gained directly from other people. Quotations
must be placed properly within quotation marks and must be cited fully. In addition, all paraphrased material must be
acknowledged completely. Whenever ideas or facts are derived from a student’s reading and research or from a
student’s own writings, the sources must be indicated. It is the expectation of every course that all work submitted for
a course or for any other academic purpose will have been done solely for that course or for that purpose.
Students who violate University rules on scholastic dishonesty are subject to disciplinary penalties, including failure
in the course and be remanded to the appropriate authorities of their home university for disciplinary action. This might
lead up to a dismissal from the University.
SCHEDULE
Session I
June 12 2017: 9-11am
Session II
June 12 2017: 11am-1pm
Session III
June 12 2017: 2-4pm
Session IV
June 13 2017: 9-11am
Session V
June 13 2017: 11am-1pm
Session VI
June 13 2017: 2-4pm
Session VII
June 14 2017: 9-11am
Session VIII
June 14 2017: 11am-1pm
Session IX
June 14 2017: 2-4pm
Session X
June 15 2017: 9-11am
The concept of direct democracy. Differences between the direct,
participatory, deliberative and representative democracy.
General comparative classification of the forms of direct democracy
Comparative classification of the referenda and the people’s initiatives
Main characteristics of the supranational constitutionalism of the EU
Challenges to democracy produced by the European integration, the
globalization and the emergence of supranational constitutionalism. The
democratic deficit of the EU
The potential of the direct democracy to serve as remedy for the crisis of
democracy in the epoch of the late Westphalian statehood and the early
postmodern and post-Westphalian age
Direct democracy in the EU Member States
EU related national referenda – classification and principle issues
Important EU related national referenda
The Brexit referendum in the UK
Session XI
June 15 2017: 11am-1pm
Session XII
June 15 2017: 2-4pm
The European citizens’ initiative
Direct democracy and European constitutionalism
COURSE READINGS
Blokker, Paul. 2015. Constitutional Reform in Europe and Recourse to the People. In: Gerkrath, J., X. Contiades (eds.)
Participatory Constitutional Change: the People as Amenders of the Constitution.
Brinkinshaw, Patrick, Mike Varney. 2016. Britain Alone Constitutionally: Brexit and Restitutio in Integrum. In:
Brinkinshaw, P., A. Biondi (eds.) Britain Alone! The Implications and Consequences of United Kingdom Exit from
the EU.
Bordino, Giampiero (ed.) 2015. A New Right for Democracy and Development in Europe. The European Citizens’
Initiative, p. 19 – 67
Crombez, Cristophe. 2003. The Democratic Deficit in the European Union. Much Ado about Nothing? In: European
Union Politics. March 2003, volume 4, No. 1, p. 101-120.
Kaufmann, Bruno, Pichler Johannes (eds.) 2010. The European Citizen’s Initiatives. Into New Democratic Territory.
Leininger, Arndt. 2015. Direct Democracy in Europe: Potentials and Pitfalls. In: Global Policy, Volume 6, Issue S1,
June 2015, p. 17-27.
Mendez, Fernando, Mendez, Mario, Triga, Vasiliki. 2014. Referendums and the European Union. A Comparative
Inquiry.
Morel Laurence 2012: Referendum. In: Rosenfeld, M., A. Sajo (eds.) Oxford Handbook of Comparative Constitutional
Law, p. 501 – 529.
Smismans Stijn 2016: Democracy and Legitimacy in the European Union. In: Sini, M., N. Perez-Solorzano Borragan
European Union Politics, p. 339-352.
Tierney, Stephen Was the Brexit Referendum Democratic? In: U.K. Const. L. Blog (25th July 2016) (available at:
http://ukconstitutionallaw.org )
Tierney, Stephen, Boyle Kathie. 2016. A Tale of Two Referendums: Scotland, the UK and Europe. In: Brinkinshaw,
P., A. Biondi (eds.) Britain Alone! The Implications and Consequences of United Kingdom Exit from the EU.