The EU legitimacy crisis Ralf Bendrath senior policy

The EU legitimacy crisis Ralf Bendrath senior policy adviser for Jan Philipp Albrecht MEP, Greens/EFA (speaking in personal capacity)

The EU has a problem • with right-wing populists • but had it already before yesterday morning – France: Front National – Netherlands: Partij voor de Vrijheit – Austria: Freiheitliche Partei Österreichs – Germany: Alternative für Deutschland – Greece: Anexartiti Ellines –. . .

Not just against EU • Underlying pattern: protest against the old elites / establishment – even in the US: Trump vs Clinton • voters mainly less educated, low income, fear of loss of social status • not necessarily right-wing – Syriza, Podemos, Pirates, . . . – where right-wing, often former voters of social democrats or left wing parties – Mo. Vimento 5 Stelle very interesting, just won Rome

crisis of Neoliberalism • Huge divide between rich and poor • Freedom of movement of capital, goods and services, but not of people • Euro: lower exchange rates not possible anymore to make own products cheaper lower wages • Blame it on New Labour and their friends, but mainly consequence of EU integration

Why against EU? • nobody would want to exit Germany or France when the government makes bad politics – just elect a new one • but look at Scotland, Catalonia, Flanders, . . . • discourse about where power should be – subsidiarity • especially important for EU – finality of the whole project unclear – maybe the limit has been reached in 2009 already • What drives EU integration in the first place?

Theories of EU Integration I • Inter-governmentalism – integration driven by governments – Council takes decisions about rules – Commission, Court to ensure they are followed – attitude still to be seen in the JHA Council today – coming back in the banking, Greece and refugee crisis – „permissive consensus“

Theories of EU Integration II • Neo-functionalism – spill-over effects of first integration steps – market liberalisation leads to market regulation – harmonisation of external trade rules – Commission, EU agencies, transnational companies, stakeholder organisations etc. have own interest in further integration – „technocrats“ / „eurocrats“ – TEU preamble: “RESOLVED to continue the process of creating an ever closer union among the peoples of Europe“

Theories of EU Integration III • Post-functionalism – TEU preamble: “RESOLVED to continue the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity“ – EU integration since 1990 s affecting core areas of the state (currency, migration, security) – Integration now politicised, „from permissive consensus to constraining dissensus“ (Hooghe/Marks)

Legitimacy?

Input legitimacy: democratic process • • • elected decision-makers – Commission? transparent – EP better than Council discursive – yes, but only in Brussels public – no European public sphere accounability – Commission? no undue influence – lobbying?

Input legitimacy: rule of law • Dublin rules broken by Italy / Greece first, later by Germany • Greece threatened with having to leave Euro • Data retention: DE against 2 court decisions – „necessary and proportionate“? • but generally works

Output legitimacy • „What has the EU ever done for you? “ – Euro – well. . . – Schengen – taken back if needed – Erasmus – for elites only – Refugees – who wants them? – Austerity – nobody wants that – Data Protection – let Max Schrems do that – Fighting Human Trafficking – nobody knows

Legitimacy requirements vary • Coordination problems – Power plugs, tech standards, driving right or left – easy, self-enforcing when agreed • Regulation Problems – market regulation I: type approval, cucumbers, tractor seats, glyphosate: managable if careful – market regulation II: data protection, net neutrality, copyright: more difficult • issues of subsidiarity; beyond pure market rules

Legitimacy requirements vary • Distribution problems – „ 350 Million Pounds each week“ – rescuing Euro and banks • big re-distribution of money, or at least perceived so – distributing refugees • not „only money“, but real people on both sides – huge legitimacy requirements – needs solidarity, „we“ feeling – common language and identity are missing

It‘s complicated. . . • • • structural problems, no easy solution careful with „even more integration now!“ progressive EU project is needed mere „we are for Europe“ not enough take subsidiarity more seriously balance with need for European rules

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