Foreign Affairs

Foreign Affairs

November/December 2004

 

“We, the Peoples of Europe . . . ”
By Kalypso Nicolaïdis

 

Kalypso Nicolaïdis, a Lecturer in international relations at St. Antony's College, Oxford, is currently a Visiting Professor at the Institut d'Etudes Politiques in Paris. During the European Union's constitutional convention, she was an adviser to George Papandreou, then the foreign minister of Greece.

 

A More Perfect Union

Political tremors are shaking the old continent. As the European Union's enlargement brings most of the continent under the same banner, Europeans, like their American cousins two centuries ago, are on the verge of treating themselves to a full-blown constitution. In June, after more than two years of heated debate, EU heads of state settled on the text of the Treaty Establishing a Constitution for Europe. The treaty will not enter into force, however, until it is ratified by all 25 member states, through their national parliaments or popular referendums. And a single defection could spell the end of the entire exercise.

Was the June meeting Europe's Philadelphia? The text's drafters claim that it was. They argue that the constitution will give the EU a more effective government, better adapted to its greater size and ambitions, and make it a more democratic polity. The document's detractors, meanwhile, make one of two critiques. Some say the document is not bold enough, especially on the social front; others claim that it is a watershed but warn that it will blur the precious differences among the members' unique histories and identities, turning the EU into a monolithic "United States of Europe."

The EU's original sin may be that it was not built on a democratic foundation; its citizens were not asked to vet the union's creation. But that may also be the union's saving grace, as it allowed the war-torn continent to tackle integration more pragmatically. Eschewing grand visions of a regional democracy, the EU was founded on judicious power sharing. It put member states in the driver's seat by conducting most of its business through intense day-to-day diplomacy, while giving the European Commission, its law-initiating body, the task of balancing the interests of big states with a vision of the common good. An elected parliament was added only later for a bit of democratic flavor. As Jean Monnet, one of the EU's founders, rightly predicted, states then engaged in creative bargains and built ad hoc solidarities among cross-border constituencies.

By and large, this so-called community method has served Europeans well. It has enabled them to accommodate both social-democratic and conservative postwar ideologies and to balance the divergent interests of political parties, industries, trade unions, and nongovernmental organizations (ngos) on issues ranging from food safety and banking regulation to immigration and global trade. But it is not a democratic model that Europeans can readily recognize. Who is accountable for what in the EU's bureaucratic maze? The EU does not have separate legislative and executive branches to speak of. The European Commission comprises nationals from every member state, but it is unelected and holds more power than any national administration. Ministers on the council must answer to their national constituencies, but they can easily claim to have been outvoted in Brussels. And the parliament, which is directly elected, can neither initiate laws nor control significant resources. Although some scholars have rightly argued that the EU does not exhibit nearly as many flaws as populist . . .