For debate in the Standing Committee — see Rule 15 of the Rules of Procedure

Doc. 9951

1 October 2003

Future of democracy: strengthening democratic institutions

Report

Political Affairs Committee

Rapporteur: Mr Andrzej WIELOWIEYSKI, Poland, Group of the European People’s Party

Summary

Parliamentary democracy is one of the core values which are the basis of, and reason for, the Council of Europe’s work towards greater European unity. Democracy seems to be an evolutionary process in which states' structures, tasks and challenges are changing. It is no longer possible to perceive the strengthening of democracy as an exclusively national subject. Therefore, the report proposes concrete elements which can increase democratic participation of the public at large.

I.       Draft Resolution

1. Parliamentary democracy is one of the core values which are the basis of, and reason for, the Council of Europe’s work towards greater European unity. By reaffirming their devotion to the ideals and values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy, all member states have committed themselves under the Statute of the Council of Europe to guaranteeing free and pluralist parliamentary democracy.

2. Fundamental principles of democratic participation of the people in governmental decision-making have been enshrined by the Council of Europe in a number of legal and political instruments, which form a common set of standards on democracy for Europe as a whole.

3. It is the strong conviction of the Parliamentary Assembly of the Council of Europe that, in accordance with its aims and values, the Council of Europe should develop further these standards as well as the means of their implementation by national governments and parliaments throughout Europe.

4. The Assembly affirms that the low and decreasing participation of citizens in public life and particularly elections, together with the decline of trust in politicians, political parties and, above all, democratic elections, requires a new re-thinking of the essence of democracy with regard to new challenges of the 21st century.

5. The Assembly stresses the need that further efforts should be undertaken by the Council of Europe and member states alike for the strengthening of democratic institutions at national, regional and local level, in order to avoid that current challenges may make representative democracy become more fragile, although it is the sole political system which provides for the realisation of a state governed by the rule of law and respecting fundamental rights and freedoms of everybody.

6. The Assembly is convinced that a feeling of disenfranchisement from political decision-making will grow among citizens, where an active parliamentary dimension is lacking, whether at national or international level. A growing globalisation of trade, economies and financial markets poses challenges to national governments and parliaments, which go beyond the possibilities of their control through national law and policies, provoke the feeling of threat and uncertainty within society and hence require reinforced multilateral co-operation of states. Therefore, the Assembly reiterates that the inter-parliamentary dimension in such co-operation is an essential requirement for bringing international decision-making closer to the citizen as well as for a broad democratic legitimacy, as expressed in its Resolution 1289 (2002) on parliamentary scrutiny of international institutions.

7. The Assembly believes that, where the parliamentary process of dealing with important political disputes is not functioning or is perceived as not functioning, those disputes tend to cause public disregard for parliamentary democracy as well as political extremism or even violence. Such failures of parliamentarianism can possibly be avoided by including conciliatory processes and constructive elements in the internal procedures of parliaments, including at the local and regional level. These conciliatory processes will be impossible without the active support of a strong network of civil society organisations.

8. The Assembly is conscious that participation in elections at local, regional and national levels in several member states is often characterised by relatively low turnouts and considers this as alarming, although abstentions in elections may also be conscious expressions of a popular will. The Assembly also regards as a challenge for parliamentary democracy the low active participation of young people in political parties and democratic institutions.

9. The Assembly is convinced that the identification of individuals with political processes may be enhanced by greater openness and the introduction of more direct elements of democratic decision-making, as well as the development of civil society based on an increasing role of citizens’ participation in social activities and in political decision-making. More direct popular participation

requires, however, that citizens are adequately informed about those matters which are to be decided upon as well as about the democratic decision-making process in general. In this context, the Assembly believes the Council of Europe should reinforce its activities on education for democratic citizenship.

10. The Assembly notes the possibilities offered by new communications technologies for greater participation of people in democratic debates and decision-making processes. The experiences of several member states may provide a useful guidance in this respect, and the Assembly thus welcomes the work currently undertaken by the Council of Europe on standards concerning electronic voting, governance and democracy.

11. The Assembly also emphasises the need to take all measures necessary for the full civic participation in democratic decision-making by people with disabilities or special needs, and welcomes the initiatives identified by the Second European Conference of Ministers responsible for Integration Policies for People with Disabilities (Malaga, 7-8 May 2003).

12. The Assembly considers that political parties – in spite of sometimes diminishing numbers of their members – are a vital element of parliamentary work, since they contribute to the transparency, stability and accountability of political activities and decision-making by formulating, promoting and channelling political ideas. This privileged position of political parties should require from them and their members a high degree of openness, transparency, stability and accountability. In addition, political parties should also be open to organisations of civil society concerned about democratic standards.

13. The Assembly stresses the necessity of a democratic system of mutual control and the separation of powers between public authorities. The system of checks and balances is indispensable for achieving public confidence in the functioning of democratic institutions. The Assembly recalls in this context also the role of the media as a public watch dog, hence requiring free and pluralist media as a platform for a public political debate as well as ethical professional standards of journalists.

14. The Assembly reaffirms the importance to combat corruption in all sectors of society including parliaments, where even individual cases of corruption can undermine the credibility of democratic decision-making processes as a whole. In this respect, the Assembly stresses the usefulness of action taken under the Council of Europe’s Agreement establishing the Group of States against Corruption, and resolves to strengthen its own monitoring work in this field.

15. The Assembly resolves to support an active discussion of the current challenges faced by democratic institutions in Europe and to promote measures which may strengthen democratic institutions at national, regional and local levels. Where this has not yet been achieved to an adequate extent, the Assembly calls on its members and observers to consider ensuring:

a.       greater accessibility and openness of the democratic decision-making processes by:

b.       greater openness and transparency of political decision-makers and decision-making bodies by:

i.       making publicly available the programmes and political positions of political parties,

ii.       broadcasting parliamentary debates of public concern including parliamentary votes,

iii.       providing access to information about the income and property interests of parliamentarians and members of government while exercising their public functions,

iv.       providing for mechanisms of transparent and democratic decision-making within political parties,

c.       greater accountability of political decision-makers and decision-making bodies by:

i. introducing possibilities for direct elections of parliamentarians through open lists of candidates rather then solely through closed party lists which allow only for a vote for a party,

ii. providing for the possibility of parliamentary investigations into misconduct of parliamentary bodies, members of parliament and senior government officials, in particular through investigation commissions,

iii. defining rules concerning situations of conflict of interest, the incompatibility of public and private functions of parliamentarians, and the accumulation of political mandates,

iv. defining adequate and proportional national rules on the immunity of parliamentarians,

d.       stronger constructive and conciliatory elements in parliamentary decision-making processes by:

e.       greater accountability of the executive branch of government vis-à-vis the parliament by:

II.       Draft Recommendation:

      The Parliamentary Assembly of the Council of Europe refers to its Resolution … on the future of democracy: strengthening democratic institutions and recommends that the Committee of Ministers:

a. identify the development of democratic standards and the assistance in their implementation by member states as a priority sector for the Council of Europe activities,

b. define precise and adequate programmes and allocate sufficient resources to the sectors education for democratic citizenship, training of young democratic leaders and freedom of the media with a view to strengthening the understanding of democratic standards and processes,

c. enlarge the terms of reference of the Steering Committee on Local and Regional Democracy to cover democratic standards at all levels of government, or create a new committee with such a mandate,

d. analyse in how far Article 3 (right to free elections) of the first Protocol to the European Convention on Human Rights sufficiently reflects and guarantees the democratic standards developed by the Council of Europe,

e. consider how to ensure, in particular, that Article 3 guarantees free and equal elections of members of legislative bodies and the executive alike, where the latter are elected directly by popular vote, as well as the right to stand as a candidate for elections, and

f. call on Andorra, Armenia, Austria, Azerbaijan, Italy, Liechtenstein, the Russian Federation, San Marino, Switzerland, Turkey and Ukraine to accede to the Council of Europe’s Agreement establishing the Group of States against Corruption, which has been signed by all other member states.

III.       Explanatory memorandum by the Rapporteur

1.       Democracy seems to be an evolutionary process in which states' structures, tasks and challenges are changing. It is, therefore, appropriate to give thought at European level to the responses needed. These will necessarily be based on joint reflection, for it is no longer possible to conceive of the strengthening of democracy as an exclusively national subject. What is more, these responses need to be effective and to make it possible to adapt the democratic system to new conditions. The meeting of such a challenge is a factor of progress both for democracy and for the European project.

Social changes in European societies

2.       The threats to democratic institutions and civil societies stem from rapid changes which give rise to considerable differences between the bourgeois societies of the 19th century and the mass societies of the late 20th and early 21st centuries. These differences relate mainly to:

3.       These phenomena considerably expand states' tasks, often beyond their means. At the same time, the efficiency of the democratic system is thereby reduced; hence confidence in this system declines.

Threats and challenges to democratic institutions

4.       It is very difficult to react to the challenges which arise, for these are neither understood nor recognised by citizens, or even by political elites or the media.

5.       There is often a deep-seated popular conviction that the people, through its representatives, is sovereign, as were the monarchs of the old system. But the principle of the rule of law, the need to achieve consistency and stability, and the honouring of international law, human rights and the rights of minorities considerably restrict national sovereignty in the perception of many people. Similarly, the rules and demands of the market economy limit the remit of decision-making by the representatives of the people. The requirements of sustainable development make their tasks obviously more difficult.

6.       Even more significant are the constraints encountered by states in developing the economy directly, particularly where the labour market is concerned. The gap between citizens' expectations and states' capacity to solve the problems is widening. The state is now more of a "facilitator" than a "provider". The challenge is a difficult one for the democratic system to meet, for it is very often found, in the richest and the poorest countries alike, that secure economic growth and an improvement of the standard of living are sources of legitimacy at least as significant as social and political justice. Where this is lacking, people often lose their trust in politicians and political parties as well as their faith in democratic elections.

7.       Democratic systems, especially in the "new democracies", are often far from satisfying the aspirations of civil society and the conditions in which this exists. Citizens are often passive, public monitoring of the authorities is weak or non-existent, and the balance of powers is not achieved. Democracy is all too often limited to sanctioning political behaviour by election verdict every four or five years. In the meantime, however, the democratic institutions do not function in circumstances where the play of politics is monitored and penalised by public opinion. This is an all the more serious and far-reaching problem where the media are subject to political control or disseminate poor-quality information without any discussions of ideas.

8.       The breadth and complexity of the management of public issues strengthens central government bureaucracy, to the detriment of the work of parliaments and local authorities. This tendency is particularly noticeable from a scrutiny of national budgetary procedures: parliaments may reject governments' plans (although this remains rare), but they are to a large extent excluded from budget preparation, and their role is limited to marginal decisions.

9.       The phenomena mentioned are particularly acute in the transition countries, where there has been a break in democratic traditions, or where these never became fully established. Thus they lack experience, and civil society is weak and at the mercy of governments and the authorities. At the same time, the frustrations caused by the difficult process of creating a market economy increase aversion to the political system. Under the communist system, the standard of living was low, but security of employment was usually guaranteed, and there was only moderate competition to work more efficiently. Because the economic transformation, as a result of competition, required work to be done more profitably, and obsolete or not very competitive sectors to be done away with, unemployment rates rose, leading to feelings of instability, frustration and even nostalgia.

10.       The far-reaching changes undergone by the labour market and its way of operating, unemployment and social marginalisation, together with the ever spreading use of different kinds of part-time labour, are causing a deep social malaise. They may be an important factor in the decline in civic spirit. Unlawful labour promotes “de-socialisation”, bringing with it a decline in participation in elections and in voluntary-sector activities. Greater social mobility and life in a society of risk mean that civil society is under constant threat.

Developments affecting political parties

11.       Political parties play a vital part in the operation of democratic institutions. It is their task to specify citizens' expectations and demands, and to propose programmes. They organise public activities and campaigns. Their task is to train activists and candidates to represent citizens at every level of operation of representative democracy. It is their work in parliament which enables the executive authority to be monitored.

12.       The social and ideological structure of political parties is changing. The old slogans may endure, but parties' attitude to such new challenges as European integration, globalisation, educational reform, administrative reform and immigration is evolving. Parties may be accepted or rejected irrespective of the conventional left/right divisions and traditions. What matters is their ability to react to the new challenges. This being so, the greatest dangers awaiting the parties lie in the fluidity and instability of the electorate, the voting discipline and party loyalty of which have declined considerably. The issues on which a political position has to be taken also evolve very rapidly, obliging parties to be more reactive. These challenges are more crucial when civil society is weak. In this situation, in the event of failure or of new challenges arising, citizens make no effort to correct or amend parties' programmes, but look elsewhere for organisational platforms or for refuge.

13.       In the "young democracies", political party leaders and activists sometimes tend to consider democracy exclusively as an instrument for winning or protecting power. Public monitoring of authority, together with the balance-of-power system and civil society, in particular, are then neglected, unless convergent interests encourage the parties to take them into account.

14.       Populist and extremist parties, often very much based on categories, xenophobic and anti-democratic, take advantage of this precarious situation of the democratic system and of citizens’ feelings of disillusion, exclusion or impotence. They make electoral progress by using voters' emotional reactions to aggressive and simplistic words, or by taking a defamatory line. The same phenomenon does not necessarily occur at local level, where mayors or municipal councillors are much more likely to be elected on the basis of their professional abilities than their party programme.

15.       What strategy should we adopt vis-a-vis populist and extremist parties: try to isolate them by condemning them unreservedly or, on the other hand, attempt to bring them into the democratic process by "educating" them? In this respect, the work of the Political Affairs Committee on the threat posed to democracy by extremist parties and movements in Europe may provide some ideas for discussion.

16.       Furthermore, opinion polls frequently reveal growing xenophobia, nationalism and hostility to certain disadvantaged or minority groups. Also noted is increasing scepticism about the European institutions. Whatever the reason for this may be, these reactions are symptomatic of a crisis of democracy, and they constitute an additional threat to democracy. It is therefore necessary to consider new ways of integrating citizens into civic life, ways more likely to satisfy them.

Civil society

17.       Institutional political life is now extending into local democracy and non-governmental organisations, the voluntary sector, and discussion forums. These are less austere and are seen as more practical and useful, closer to citizens and their immediate concerns. States and international organisations are increasingly consulting and indeed delegating tasks to civil society. Today it is quite customary to see this as a measure of the health of a democracy and a factor which increases the individual and collective ability of citizens to make their own choices. New difficult challenges, such as globalisation, corruption, deep reforms in education and environmental requirements, make the contribution by civil society organisations particularly indispensable.

18.       The energy within civil society adds considerably to the smooth functioning of democracy. Civil society develops whenever the structure and organisation of society broaden the possibilities for citizens to decide their own destiny and that of society as a whole. This is reflected in the setting up of dynamic and effective associations or non-governmental organisations (NGOs).

19.       There are many different conditions under which civil society can develop. Where there is no tradition of civil society with democratic experience, it tends to be weak and public opinion has little influence on the organs of power. In such situations there is, to a certain degree, a lack of social, legal and moral standards. Society fails to react effectively to corruption and political scandals; this may be regarded as a symptom of an “abnormal” functioning of democratic institutions. A lack of familiarity with these institutions helps exacerbate the problem, and this applies to both the new democracies and other countries.

20.       More and more frequently, civil society is becoming involved in the management of public services at both national and local level, and this makes for greater citizen participation. However, this development presupposes complex measures. First, the legal environment (the regulations governing organisations promoting the public interest) has to be revised so as to become closer to the public. Second, measures have to be taken which will improve the financial control and management of civil society organisations, so as to increase the financial resources and encourage partnerships between the public sector and civil society. An emphasis must be placed on the incompatibilities and competition occasionally to be found between municipalities and associations in certain fields.

21.       However, there is no straightforward direct link between democracy and civil society. In certain countries there is falling involvement in civil society too. Furthermore, the activities of the voluntary sector often focus on very local and temporary projects or on very precise and emotive undertakings. In many cases, the activities in question are intermittent and with little structure. This can be largely accounted for by the shortage of financial resources: the voluntary sector cannot always employ staff and carry out more elaborate projects. Legislation on the status and financing of associations have a far-reaching impact on the independence, effectiveness and continuity of civil society bodies.

22.       More in-depth thought needs to be given to civil society in order to define it more accurately and identify the circumstances in which it can become a genuine partner for the institutions. How can it be integrated into politics and become a channel for political life rather than just a totally separate movement which is part of the workings of democracy? Can it become a springboard for redefining the role of the state and for encouraging renewed interest and involvement in democratic life?

Local democracy

23.       Whether devolution is viewed as a constituent part of democracy or a mere facilitator, it is becoming a major standard in democracy. However, certain conditions have to be met if devolution is to enhance democracy.

24.       There has to be greater citizen participation at local level through consultative bodies or by allocating to residents tasks and budgets to manage in order to carry out specific projects. Such participation presupposes legislative reform to provide a framework for the delegation of powers and effective contracts.

25       The law must define clearly how national powers are to be devolved to local or regional authorities and what are the respective commitments of central and local government, and possibly the private sector. The risks of corruption, favouritism and nepotism must be taken into account. Local authorities must have sufficient budgets to be able to carry out their responsibilities in an appropriate manner. Central government should at the same time reform itself. Experience has shown that when these conditions are fulfilled, local authorities fare “at least as well as central government”.

26.       Local political commitment is a means of giving fresh impetus to the collective and political awareness of citizens and encouraging more enthusiastic participation in a broader debate at national or indeed European level. Here the new communication technologies offer fresh possibilities for informing citizens, enabling opinions to be expressed and networking local authorities.

Crises in the democratic system, a European challenge

27.       The public authorities, at central government or local level, often, for the above reasons, become further and further removed from society, acting in isolation. Despite having broad powers and significant resources, the public administrative authorities are often ineffective because there is inadequate interaction with citizens. On the other hand, many citizens are feeling frustrated because of their isolation in public life. In such circumstances, the strength and impact of the public authorities are perhaps misleading. Consequently, there is a need for new projects and measures to strengthen this impact, in particular through consultation and contracts with citizens and their organisations.

28.       For this to be taken further, encouragement must be given for direct communication with citizens and their participation in public life. To that end, citizens have to show a demand for involvement and this cannot come about if there is no citizenship education. Today, such education is too often based on an outdated concept of the role of the state. It is therefore essential for citizenship education programmes to be reviewed, brought into line with worldwide changes, the new roles of the state and the possibilities offered to citizens by these developments. It is important that citizenship education of the youth must contain the indispensable experience of self-government and civil society. This means also that politicians have to reflect hard and deep on their role.

29.       The crises in the democratic system are more a challenge than a threat. The people elected by citizens should grasp these challenges since their role is not limited to representing the opinions of their constituents but also involves helping to form their opinions by adopting a long-term approach. The inter-parliamentary method is clearly the ideal one for such reflection: it makes for a forward-looking and preventive approach going beyond a short-term reaction to perceived threats

30.       This work will be all the more fruitful by transcending the national level. Consequently, the Parliamentary Assembly has a clear role to play in putting forward answers to the shortcomings and crises in democratic systems and in anticipating future developments. Many democratic standards may have been realised in some member states, but there is not yet a common European space for democratic standards within the Council of Europe. Different historic traditions and experiences have shaped different approaches. It will neither be possible, nor be desirable to harmonise all democratic structures throughout Europe, but it is essential for the Assembly as the democratic pillar of the Council of Europe to be the motor of a debate on strengthening democracy on the basis of common values.

31.       It is absolutely indispensable that stakeholders of democracy must be rooted in moral values in order to safeguard democratic institutions and the spirit of democracy, without which people could even be mobilised for undemocratic causes. These values must also back the sense of collective endeavours and activities of civil society.

32.       The main objectives of the report are, therefore:

33.       Those objectives are of such importance that they would justify additional work of the Assembly, for instance in the form of symposia and further reports.

Comments on individual paragraphs in the draft Recommendation

34.       The draft Recommendation to the Committee of Ministers contains a number of actions which may be taken by the inter-governmental sector of the Council of Europe in order to strengthen democratic institutions in member states.

35.       The Committee of Ministers has set up a number of inter-governmental steering committees which have the mandate to pursue specialised work under the programme of activities of the Council of Europe. In the field of democracy, the Steering Committee on Local and Regional Democracy has been created. However, its terms of reference limit its focus on working towards democratic standards at local and regional level. So far, no committee has the mandate to deal with democratic standards at national level. Therefore, an extension of the terms of reference should be necessary for dealing with democracy at all levels of government.

36.       With regard to Article 3 of the first Protocol to the European Convention on Human Rights, it is important to note that this Article is the strongest legal guideline produced by the Council of Europe concerning democratic elections. However, it is formulated in the language of 1952 when the fist Protocol to the Convention was adopted. The International Covenant on Civil and Political Rights of the United Nations of 1966 and the Charter of Fundamental Rights of the EU also include the right to stand for elections, and both texts are not limited to parliamentary elections but include presidential elections. It is hence worth analysing in how far other international institutions have developed further than the Council of Europe.

37.       The work of the Sub-Committee on Strengthening Democratic Institutions of the Assembly’s Political Affairs Committee as well as the first discussion of this draft report within the Political Affairs Committee have clearly indicated the importance to combat corruption in order to prevent a loss of credibility of democratic institutions. The Council of Europe has produced a number of legal instruments for the combat of corruption and organised crime. In addition, the Agreement establishing the Group of States against Corruption set up a mechanism which may assist signatory states in their national practice. Nearly all member states have acceded to this Agreement, and the remaining states should be encouraged to accede.

Reporting Committee : Political Affairs Committee

Reference to Committee  : Doc. 9113, Reference 2625, 25.06.01

Draft Resolution, draft Recommendation and draft Order unanimously adopted by the Committee on 24 June 2003. The draft Order was withdrawn by the Committee on 11 September 2003.

Members of the Committee : Jakic (Chairman), Rogozin (Vice-Chairman), Feric-Vac (Vice-chairperson), Spindelegger (Vice-Chairman), Aguiar, Aliyev, de Aristegi, Ates, Atkinson,  Azzolini, Berceanu, Beres, Bianco, Blaauw (alternate : van Winsen), Blankenborg (alternate : Kvakkestad), Cekuolis, Clerfayt, Davern (alternate : O’Keeffe), Dreyfus-Schmidt, Druviete, Durrieu, Elo, Frey, Glesener, Goulet, Gross, Hedrich, Henry, Hörster, Hovhannisyan, Iwinski, Judd (alternate : Chapman), Karpov, Kirilov, Klich (alternate : Markowski), Koçi, Kostenko, van der Linden, Lloyd, Loutfi, Magnusson, Margelov, Martinez-Casan, Medeiros Ferreira, Mercan, Micunovic, Mignon, Mihkelson, Muratovic, Naudi Mora, Neguta, Nemcova, Nemeth, Oliynyk, Ouzky, Pangalos, Petrova-Mitevska, Petursdottir, Pourgourides, Prentice (alternate : Kilclooney), Prica, Prisacaru, de Puig, Pullicino Orlando, Ranieri, Roth, Severin, Severinsen, Tabajdi, Tekelioglu, Tritz (alternate : Bindig), Vakilov (alternate : Mollazade) Volpinari (alternate : Arzilli), Voulgarakis (alternate : Liapis), Westerberg, Wielowieyski, Wohlwend (alternate : Brunhart), Wurm, Yarygina, Zacchera, Zhvania, Ziuganov (alternate : Slutsky).

N.B. : The names of the members who took part in the meeting are printed in italics.

Secretariat of the Committee : Mr Perin, Mrs Ruotanen, Mr Chevtchenko, Mr Dossow, Mrs Entzminger, Ms Alléon.