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Future of EU

Time to Elect a European Constituent Assembly (Without Asking Anyone’s Permission)

By Lorenzo Marsili , Niccolò Milanese

Rather than putting all their hopes in top-down democratic reforms that never come, progressives should themselves assume responsibility for building a truly democratic Europe. The 2019 elections could be the best chance to engage citizens in radical, participatory processes and end years of statis in the European institutions.

Waiting for European democratic reform is more frustrating than waiting for Godot. In the Beckett play, Godot is clearly never coming, and at least in the eternal wait we can meditate on the absurdity of human existence (and anyway the play will finish at some point). In the European Union, democratic reforms are coming at some point, but are seemingly endlessly deferred. When they do come, as a result of political compromise and national obstructionism, they are rarely what is needed. In the meantime, for lack of ambitious European democracy, the forces of reaction and nationalism grow so that on the one hand democratic reform becomes less likely, and on the other any such reform is less likely to be satisfactory or ambitious. A perfectly vicious circle.

It is time to stop waiting for others. Godot isn’t coming, and he is not called ‘Emmanuel’ or ‘Angela’. The 2019 European elections can be an important moment to mobilise citizens around the request for democratic change. But change will not come through the official ballot boxes alone. Whatever welcome progress may be made by having spitzenkandidaten or transnational lists or even genuine transnational parties will not be sufficient to drive through an ambitious democratic transformation. And so, in addition to fighting in the official elections and getting votes in the official ballot boxes, citizens need to set up their own ballot boxes, and even their own elections.

Turning back the technocratic tide

The intergovernmental and technocratic system of the EU increasingly frustrates any meaningful space for the expression of European citizenship. For as much as the Parliament has gained powers of co-decision, decision-making has moved to informal groups like the Eurogroup, intergovernmental agreements outside of the Community method (such as the Fiscal Compact or the scandalous EU-Turkey agreement), and into secretive ‘trialogue’ negotiations. The structure of the Parliament itself prevents the emergence of real transnational parties. By consequence, European citizens are deprived of political agency at precisely the time when they demand it and need it the most.

The question ‘what Europe is going to do?’ – about the banks, about Greece, about the euro, about the migrants, about Brexit, about Catalonia, about TTIP, about tax evasion… – has been discussed every day in almost every bar and café up and down the continent for nearly a decade of crisis. The idea that there is no European public sphere is no longer tenable. And it is not just discussion. Millions of Europeans have mobilised on the streets in protest or solidarity over the past years. The alleged apathy of citizens is a myth actively fostered by governing elites: it provides the ideological justification for keeping the EU a technocratic, intergovernmental, backroom affair. The distance of citizens from ‘formal Europe’ is fully understandable. They have no seat at the table and few avenues of meaningful political participation. But Europe has a meaning beyond the grey corridors of the European Council, and citizens have been reclaiming it.

It is now time to go the extra mile. People deprived of political agency have little to gain by crafting common positions in the hope that the ‘powers that be’ will take them up. In the 20th century, both the Indian Congress and the South African Congress realised that, rather than expect the imperial elites to change, they needed to construct bottom-up political power in order to transform a system that structurally deprived colonial subjects of citizenship rights. This required a movement that politically enfranchised its members through organised struggle in order to legally and socially enfranchise the majority that was being denied a voice. Today in Europe, most people are not subject to state violence – although migrants and Roma very often are – but like in colonial contexts, institutions increasingly impervious to democratic control need to be resisted and citizens need to politically enfranchise themselves as citizens of the European Union against repeated attempts to relegate them to mere subjects of undemocratic, intergovernmental governance.

Hacking the 2019 elections as an act of civil disobedience could be the way to open up fresh alternatives. We propose using the occasion to elect a Constituent Assembly for Europe.

A democratic strategy for a citizens’ Europe

This political and performative act would work as follows. All candidates in the official European parliamentary elections, as well as all citizens and any individual who declares an interest in the future of Europe, would be able to stand for the constituent assembly.

These candidates may organise themselves in transnational lists, and European parties would be asked to field candidates for election, so as to create an immediate link between the emerging assembly and the European Parliament. Taking part in the assembly process would represent a stupendous opportunity to show commitment to the idea of citizens-led democratic renewal. Civil society and social movements would be encouraged to propose their own lists. Ideas, programmes and values for a future European constitution would come forward. The communication campaign and the performative act of organising the election of such an assembly would provide a powerful push for getting the debate on European democratic reform on the agenda for the 2019 election campaign.

Preparing the ground for the election of a constituent assembly will take time and money. The whole exercise could be carried by NGOs interested in democratic renewal coming together before the election to organise it. A network of organisations could secure the necessary funding and human resources to start the process and see the election through. New transnational parties could also play an important role. Clearly, depending how large the elections get and how many places hold them, the process might get very expensive. But as a performative act there is no need for a complete coverage of the European territory, only for enough participation to create awareness around the idea and a sense of legitimacy.

So here is how it would work: on the day of the elections, in as many cities, towns and villages as possible across Europe, just outside the official polling stations, voters would be able to physically elect members of the constituent assembly. At the same time, online elections would be held. These elections, which should be accompanied by as much publicity as possible, would choose a group of, say, 200 elected representatives.

The constituent assembly itself would not have the legitimacy to decide on a new democratic constitution.  ‘Elections’ self-organised citizens across Europe would not be formally adequate for that. Rather, the assembly would serve as a new civic power to inject ideas for democratic renewal into the European institutions, show that citizens are full of ideas and energy for such a project, and ensure that they cannot be ignored or side-lined in any future convention or treaty change. The assembly could be accompanied by a secretariat and would operate as a new kind of organisation: a cross between a citizen-led NGO and a democratically elected congress.

Following the elections, the assembly would meet as the elected representatives together with randomly selected citizens, representatives of non-European countries (because Europe’s actions impact the whole world and the whole world needs to have a say – and this is what real transnationalism should ultimately be about), representatives of municipalities and local authorities as well as interested NGOs and social movements to elaborate ideas for the values and content of a democratic European constitution. Online, a wiki-constitution would be discussed and collaboratively drafted. Indeed, the assembly would be a significant actor to initiate a wider process of citizens’ assemblies, through a cycle of meetings, discussions and debates organised in town-halls, schools, universities, cultural spaces and other venues throughout Europe, with coordination and exchange between these different cities and citizens.

The process could focus on three questions:

  • How to ensure democratic decisionmaking at a European level in which the interests of people throughout the continent, and the consequences of European decisions for other people affected, are taken into account and the common interest is guaranteed through a just, accountable and transparent process?
  •  How to ensure the maximum possibilities for direct citizen involvement in political decisionmaking, as an expression of European citizenship and the best guarantee of common interest?
  •  Which economic, political, and social issues are best approached at European level and what legislative competences should democratic transnational institutions have in these areas?

 

This process could run in parallel to ‘official’ processes at a European level, but would be more effective if it could fully infiltrate and initiate the formal processes and possibly lead to the participatory drafting of a new constitution to be approved by European citizens by transnational referendum. Beyond just a drafting of a new constitutional proposal, such process would itself be an experiment in transnational participation and a testament of the possibility of practicing European democracy in a new way. The recent process of participatory constitutional redrafting in Iceland is an important precedent in the development of empowering processes where citizens commonly decide their rules for living together. The scale of the task is enormous, but that is no reason not to start.

Doing nothing is not an option

Many of the changes proposed by such a participative process may require EU treaty change, and therefore unanimity between Member States. Treaty requirements should not prevent European citizens from initiating processes of change and adopting various strategies for enacting those changes. The important first step would be to establish transnational movements of citizens for a democratic infrastructure for Europe. The second step would be to adopt strategies, depending on legal procedures, for forcing institutional changes to be adopted. Leaving all initiative for treaty change to Member States, or worse, just some powerful Member States, is no longer an acceptable option. Doing so just reinforces the impression that the only options available are either to submit to the authority of the leaders of the most powerful countries or to abandon all European integration. However, a third alternative is available: citizens themselves proposing a genuine European democracy.

Etienne Balibar has recently powerfully argued that we need to be more nuanced in the way we talk about the EU and its history. It is important to distinguish between the philosophical prehistory of Europe as a utopian idea of perpetual peace, the political origins of the federalist project particularly in the anti-fascist resistance, and the historical beginnings of the supranational institutions in the Cold War. Only by reclaiming Europe in the first two senses, taking Europe into hands of the citizens as an act of resistance and invention, and through recovering a sense of utopian energy that can transform the apparently insolvable contradictions of political power, will projecting a positive European future become possible. This is no play, and citizens are not spectators in a theatre. Let’s stop waiting and let’s start acting.

Time to Elect a European Constituent Assembly (Without Asking Anyone’s Permission)

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