A federal Europe is not a transfer union

Federal Alliance of European Federalists

A federal Europe is not a transfer union

Leo Klinkers, 25 May 2019
Federal Alliance of European Federalists (FAEF)

The European Union has some Member States that are unwilling – or unable – to meet their budgetary commitments. That is why there are financial transfers from rich to poor Member States. Opponents of a federal Europe base their view on the proposition that a federal form of government would strengthen those financial transfers. Well, exactly the opposite is true. It is precisely with the creation of a federal Europe that the current conflictual situation of north-south financial transfers can come to an end.

To understand this, we need to go back to 1787, the creation of the United States of America. After the Declaration of Independence of 1776, the thirteen former colonies concluded a confederation on the basis of a Treaty, and each built its own state. That proved unsuccessful. They had no money, no good governance, no strong external relations and no common defence against external threats. After eleven years, it turned out that the confederal Treaty was unable to prevent or resolve the growing mutual tensions.

In 1787, a group of fifty-five persons in the Philadelphia Convention began executing a legal mandate from the confederal Congress to correct the errors in that Treaty. After two weeks they came to the conclusion that this was not possible because the Treaty itself was the cause of their internal conflicts and their weak geopolitical position. As is the case today in the EU with the Treaty of Lisbon.

The Convention decided on its own authority to throw the Treaty into the dustbin and made the world’s first federal Constitution. Instead of falling apart, they eventually became fifty sovereign states, united by a federal Constitution, with an unmistakably strong geopolitical position.

In order to gain the support of the Citizens of the thirteen conflicting states for accession to the federal union, the Philadelphia Convention first submitted the federal Constitution to the Citizens themselves for ratification. By allowing the Citizens themselves to ratify the Constitution, they came as close as possible to the concept of ‘popular sovereignty’ of Rousseau. Within two years, the Citizens of the thirteen states had ratified the federal Constitution.

Money played an important role in this. Article VI of the submitted Constitution stipulated that the states that would join the federation would be released from their debts. From that moment on, these would be the debts of the federation: a one-off settlement of the debts. But after joining the federation, they would henceforth be responsible for their own finances. It was also a signal to the creditors that the debts would be paid off.

Aside: Herbert Tombeur and I have included this one-off debt settlement in our draft of a federal constitution for Europe. I refer you to our European Federalist Papers and to my book https://www.faef.eu/trailer/.

This, of course, raises the question: where will the federation get the money to take over the debts of the participating states? In America, this was achieved through the work of Alexander Hamilton, one of the three authors of the American Federalist Papers, and soon after the Constitution’s ratification becoming the federation’s finance minister. Hamilton was able to see the huge mountain of debt not as a problem but as an advantage. With, among other things, handy tax measures including taxes on luxury goods such as alcohol, the sale of land and import taxes, despite the initial resistance, he received enough money to clear his debts. He also managed to create a national bank to stabilize the national credit position and to play an active role in stimulating the economy. Today’s federal America owns about 24% of the combined national income of all Member States. The EU only 1%. This gives an idea of the financial strength of the federal part of America.

Aside: in section 1.5 of the 2012 Annual Report, the National Bank of the Netherlands clearly explained why and how the federal system in America was able to get the banking and economic crisis under control soon after 2008. The EU’s intergovernmental tampering with its ineffective financial system means a) that we are still far from a solution, b) the financial transfers from north to south are creating increasing conflicts and c) the EU is not able to withstand a possible new global financial crisis.

A one-off settlement of Member States’ debts – in line with the US example – makes it attractive to join a European federation. It corrects the mistake made by the Maastricht Treaty in 1992 of creating the euro without a federal foundation, and it also puts an end to the quarrel between rich EU Member States who are increasingly reluctant to put money into the financial sinkholes of poor Member States who do not wish (or are not able) to comply with the budgetary obligations under the Lisbon Treaty and further agreements. (Incidentally, it is not only the poor countries that are failing to meet their budgetary obligations.) With such a one-off settlement, a federal Europe is not a transfer union.

It can be argued that this settlement will give poor countries a bonus for their bad budgetary behavior. But that is the price that Europe is paying for its failure to introduce this measure as early as the Treaty of Maastricht. If they had done that back then, we wouldn’t be in this financial mess by now.

The necessary federal budget can come from three sources: 1) from import levies by adapting the existing system to a federal system, 2) from federal taxes with simultaneous reduction of national tax rates and 3) from the introduction of the Spahn tax at federal level. The Spahn tax is an improved, but not yet introduced, version of the rejected Tobin tax, a form of taxation on money transactions in order to control the volatility of exchange rates.

As an aside, in 2004 the ECB rejected a proposal from Belgium to introduce the Spahn tax in Belgium on the grounds that it would be contrary to the Lisbon Treaty. In my proposal – to introduce the Spahn tax as one of the sources of a federal budget – there is no longer any question of a Treaty of Lisbon and this form of taxation could help to put an end to the uneven distribution of the financial burden between the Member States.

I invite readers to put forward ideas for improving these resources for a federal budget of the United States of Europe that is to be created. Ideas on the best institutional organization of the federal financial system are also welcome.

In this respect, we should be guided by the words of Romano Prodi, President of the European Commission from 1999 to 2004 and Prime Minister of Italy from 2006 to 2008: “Great reforms will make a great Europe”.

The ‘Europe of the citizens’

Federal Alliance of European Federalists

The ‘Europe of the citizens’

Leo Klinkers, 6 June 2019
Federal Alliance of European Federalists (FAEF)

Introduction
The recent election of the new European Parliament has been described in the media as a cry from ‘the Europe of the citizens’. This applies both to the citizens who care about Europe and to those who reject it. But both parties want to develop their own version of ‘the Europe of the citizens’ in a different way. The opponents are seeking the path of a radical dismantling of the European Union, back to the nation-state anarchy of previous centuries with their inevitable wars. The supporters advocate a radical renewal of European cooperation with improved sovereignty, security and solidarity.

This article offers Europe’s supporters a perspective in the form of a Preamble to a federal constitution for a European federation. It gives their version of ‘the Europe of the citizens’ a soul and a heart.

The Preamble
We, the citizens of the states [enumeration of participating member states],

I. Considering:

  1. that the federation of the United States of Europe, which we hereby establish, has the mission and duty to support us as citizens in our quest for happiness in freedom;
  2. that the federation should base the support of our quest for happiness
  • on working restlessly to preserve the diversity of all forms of life on Earth,
  • on unconditional respect for the diversity of sciences, cultures, ethnicities and beliefs of the citizens within the federation,
  • and on human compassion for citizens from outside the federation who want to find their happiness within the United States of Europe;
  1. that in the execution thereof it should bear witness to wisdom, knowledge, humanity, righteousness and integrity, in full consciousness that it derives its powers from the people, that all men on earth are equal, and that no one is above the law.

II. Considering furthermore:

  1. that this federal constitution is based on the wealth of ideas, considerations and wishes of European philosophers – and of European political leaders after the Second World War – to unite Europe in a federal form of government;
  2. that the federal system is based on a vertical separation of powers between the Member States and the federal body through which the Member States and the federal body share sovereignty;
  3. that the horizontal separation of the legislative, executive and judicial powers (trias politica) both at the level of the federal body and at the level of the Member States is guaranteed by a tight system of checks and balances;

 

III.        Finally, without prejudice to our right to adjust the political composition of the federal body in elections, we have the inalienable right to remove the authorities from the federation if, in our view, they violate the provisions under I and II,

 

Establish the following articles for the constitution of the United States of Europe,

Article 1 ….

Article 2 ….

And so on.

The Explanatory Memorandum of the Preamble

Preliminary
The opening words ‘We, the citizens of the states …..’ show that this constitution is being ratified by the citizens themselves. It therefore belongs by, for and of the citizens of the United States of Europe, in accordance with the adage ‘All sovereignty rests with the people’.

The United States of Europe consists of the citizens, the member states and the federal body.

It is a constitution and not a treaty. If countries or regions want to live together in peace and have to cooperate through historically defined borders, but nevertheless want to retain their autonomy and sovereignty, a federation is the only form of state that can guarantee this. This is not possible with a treaty. A treaty is an instrument for administrators to cooperate in policy areas without being fully-fledged democratically accountable for their decisions.

The fact that this constitution is first ratified by the citizens and only then by the parliaments of the member states shows that, in accordance with the basic aspects of federalism, formulated by Johannes Althusius around 1600, it is based from the bottom up and not imposed from the top down.

This federal constitution guarantees the common interests of the citizens of the United States of Europe and leaves to the citizens of the member states and to the member states themselves the powers to serve their own interests.

That is why this federal constitution consists of a limited number of rules of a general binding nature. It has no exceptions – driven by national interests – to these generally binding rules.

Explanatory note to Consideration Ia
The obvious ‘quest for happiness in freedom’ of the citizens and the mission and task of governments to support the citizens in this is a cornerstone of the Declaration of Independence (1776) and of the subsequent American Constitution (1787-1789), the first federal constitution in the world. This was the model for the federations that were set up afterwards and that currently house 40% of the world’s population. The pursuit of happiness is therefore also a cornerstone of the federal constitution of the United States of Europe. The quest for happiness includes values such as peace, security and social security.

Explanatory note to Consideration Ib
In the first place, this consideration gives the federation the task to work restlessly to preserve the diversity of all forms of life on Earth. Unsuccessful preservation of the diversity of all forms of life threatens the life of mankind on Earth. This task requires maximum cooperation, expertise and reliability from the federation’s authorities.

Secondly, the federation offers maximum respect for diversity in social life. Where it disappears, monocracies develop, which destroy those parts of society by inbreeding. Diversity of sciences, cultures, ethnicities and beliefs creates new sciences, cultures, ethnicities and beliefs. This constitution therefore rejects any action aimed at protecting the so-called ‘own people first’ and will use all legal means to combat such action.

Thirdly, as a consequence of the foregoing, this Preamble explicitly states that there is no room for a slogan such as ‘Europe first’. The federation of the United States of Europe shares its place on Earth with all other peoples and does not shut itself up behind the walls of a ‘fortress Europe’. Closing the external borders for the purpose of protecting one’s own people is not listed as a crime against humanity, but it is punishable by a serious penalty: the eventual disappearance – by demographic decay – of what one wishes to preserve. In other words: there will be open external borders, no closed borders. That creates obligations:

  1. the design and implementation of plans such as the Marshall Plan (1948-1952) to support poor countries in their economic development in order to eliminate the need for seeking refuge in Europe;
  2. with immediate effect offering a human existence to the approximately sixty million war refugees;
  3. to strengthen Europe’s demographic and geopolitical position by providing – through wisdom, knowledge, humanity, justice and integrity – immigrants with a secure life within the federation;
  4. to consider the implementation of a-c as one of the federation’s common interests.

This constitution is therefore a task and an opportunity for fundamental political renewal now that the post-war democracies have reached the end of a 70-year life cycle and have led to the exclusion of citizens in favour of treaty-based government, which by its very nature has become increasingly oligarchic and protectionist.

Explanatory note to Consideration Ic
The end of the political life cycle of the post-war democracies, mentioned above, places those countries that consider democracy to be of great importance on a tour de force, similar to the revolution of the Enlightenment. Democracy and the representation of the people must be reinvented on the basis of the principle of ‘All sovereignty rests with the people’.

The Treaty of Lisbon is giving way to a constitution based on the representation of citizens. This implies, among other things, the abolition of the European Council of Heads of Government and State, the creation of a European Parliament on the basis of proportional representation within one electoral district – the territory of the federation – and a government under the leadership of a President, elected by the citizens. So, equipped with a democratic mandate.

This can only be achieved with wisdom, knowledge, humanity, justice and integrity. With just two certainties: if it succeeds, it will be a crucial revolution for the preservation of Europe. If it fails, by the end of this century, after the last tribal war in Europe initiated by nation-state anarchy, someone will turn off the lights in Europe.

Democracies cannot prevent elections from leading to groups within the democratic institutions that wish to use their power against democracy. This constitution enables the institutions of democracy, as far as possible, to deal with the abuse of democratic procedures by building in defence mechanisms. The task is therefore a fundamental reorientation of the concept of ‘democracy’ in 21st century Europe. With a task for political parties to reflect on their own responsibility to design instruments to defend democracy against parties that (would like to) abuse the procedures of democracy in order to destroy that democracy. Probably more than any other organisation within a democratic system, political parties will have to consider wisdom, knowledge, humanity, justice and integrity in order to guarantee the viability of a federally united Europe.

Explanatory note to Consideration IIa
The ‘building blocks’ of federalism as a form of state stem from the ‘Political Method’ of Johannes Althusius (1603). The ‘cement’ to connect these ‘building blocks’ indissolubly was provided in the writings of European political philosophers such as Aristotle, Montesquieu, Rousseau and Locke with their views on popular sovereignty and the doctrine of the trias politica. The American federal constitution is based on these writings, while Europe has condemned itself to wars for centuries.

It was not only philosophers who provided the ‘cement’ for the building blocks of federalism. Also political and social leaders – in the Interbellum period for example the British Philip Kerr, better known as Lord Lothian – and after the Second World War the Italian Altiero Spinelli who, with his Ventotene Manifesto (1942), laid the foundation for the post-war pursuit of federalism. A goal that between 1945 and 1950 was led by a large number of conferences and plans led by statesmen, scientists, culture bearers and civil movements, but which in 1950 radically ceased to exist with the Schuman Declaration. Although this declaration demanded the creation of a federal Europe in its entirety, it put its implementation in the hands of government leaders. In this way – unintentionally, but through guilty ignorance of the way in which a federation should be created – the Treaty-based intergovernmentalism that has brought the European Union to the end of its current political life cycle was created.

Explanatory note to Consideration IIb
The thirteen former colonies in America at the end of the 18th century solved the dilemma of ‘never again a ruler versus the need for representation of the people’. They applied the system of shared sovereignty devised by Althusius by inventing the vertical separation of powers between the sovereign member states and a federal body. Without transferring the integral member state’s sovereignty, they asked a federal body to take care of a limitative number of common interests, to execute with the powers of the member states.

Contrary to the claim that in a federation member states transfer all or part of their sovereignty in the sense of ‘giving it away and thus losing it’, this is not the case. Parents who hand over their child to a teacher do not lose anything of their parenting but give the teacher the power to teach the child knowledge that the parents themselves cannot realise. That is why another popular view is also wrong. Namely the view that a federation is a superstate that destroys the sovereignty of the member states.

The vertical separation of powers, leading to shared sovereignty, also solves another problem. Namely, the principle of subsidiarity. This principle in the Treaty of Lisbon states: ‘The institutions of the European Union should leave to the member states what the member states can do better themselves’. Since Article 352 of the Treaty allows the European Council to take any decision that the Council considers serving the objectives of the Union, the Council can ignore this principle of subsidiarity. In a federal state, the principle of subsidiarity coincides with the vertical separation of powers and therefore does not need to be mentioned as such in the articles of the Constitution.  

A final aspect of this Consideration IIb implies that, due to the exhaustive range of competences of the federal body, all other competences remain with the citizens and the member states. This means, among other things, that the member states retain their own constitution, parliament, government and judiciary, including their own policy areas insofar as these have not been laid down in the exhaustive list of interests that the federal body must represent on behalf of the member states by means of the vertical division of powers. Monarchies are also preserved. 

Explanatory note to Consideration IIc
The horizontal separation of the three powers – the legislative, the executive and the judiciary – is not a specific feature of a federal form of state alone but is the adage of any state that wants to prevent domination by one power. Within a federation, however, there are two particularities.

Firstly, from the first federal state – that of the United States of America – the trias politica must be established both at the level of the federal body and at that of the individual member states. Secondly, in addition to the invention of the vertical separation of powers mentioned above, the federal constitution of the United States of America has introduced a second innovation: the checks and balances. To say that a self-respecting state considers the trias politica to be a very important aspect is only a declaration of its value. But values can only be monitored and preserved through norms. That is why the American Constitution – and also this European Constitution – contains articles that prevent the inevitable action of the three powers in the field of another power from slipping into the supremacy of one power over the other. That is the purpose of the checks and balances. They are the indispensable countervailing powers to limit the ever-present striving of the three powers to expand their complex of powers, at the expense of the powers of the others.

Explanatory note to Consideration III
The citizens derive from the English Magna Carta of 1215, the Dutch Plakkaat of Abandonment of 1581, the American Declaration of Independence of 1776 and the French Revolution of 1789 the inalienable right to expel governments from the federal body if they violate the provisions under I and/or II.

In accordance with the adage ‘All sovereignty rests with the people’, the citizens of the United States of Europe are the alpha and omega of the federation. Alpha in the sense of: they ratify the federal constitution and thus establish a system of representation of the people, of executive administration on the basis of political decision-making by the representative body and of justice for the resolution of disputes. Omega in the sense of the inalienable right to dismiss those who abuse the federal system, for example by (attempted) establishment of an autocratic system.

Final
This Preamble contains the complex of values of the constitution of the United States of Europe. It shows what the United States of Europe stands for.

Then follow the constitution’s articles.

 

Europe is like a Ferrari with a 70-year old engine

Federal Alliance of European Federalists

Europe is like a Ferrari with a 70-year old engine

An interview by Olivia Muñoz-Rojas with Mauro Casarotto

Within the context of the upcoming European elections and the debate about the future of the EU, I interview Mauro Casarotto, secreatry of the Promoting Committee of the Federal Alliance of European Federalists (FAEF). Born in 1981 in Italy, he graduated in political sciences and international relations at Padova University, and has a long experience in non-profit organizations. In 2014 he published Krisis. Che cosa nasconde la più grande crisi del mondo occidentale (Armando Editore), where he explores some of the causes and possible solutions to the crisis of the Western world, which, he claims, is first and foremost a social and cultural one. A convinced European, he decided to involve himself in the adventure of ‘federating the federalists’ under a common umbrella in the face of mounting nationalism and populism in Europe. As part of FAEF, Casarotto is determined to defend the legacy of years of painful European construction as well as contribute to turning Europe into a veritable federation, working from the bottom and up

I ask him about federalism, why it is often presented as a more democratic political structure, but also why it seems so hard to trigger a proper debate on federalism in Europe and what can be done to catch more attention from the media and public opinion.

Could you explain in a few words the difference between the current structure of the EU and the kind of federal Europe that FAEF promotes?
In a federation you have a federal body and several sovereign member states. The member states share their sovereignty with the federal body, asking that body to take care of a limited set of specific powers (for instance defence and foreign policy, intelligence, general civil rights legislation, environmental protection, currency, etc.). All the other areas remain in the hands of the members states. The federation takes care only of the common interests of all member states; interests and problems that can no longer be solved by the individual states. The actual EU is not a federation, it is instead an ‘intergovernmental system’. It is not based on a constitution but on treaties or agreements on specific policy areas. If the governments reach an agreement, they can take any decision within the Council, without any limitations, because, unlike a federal system, you don’t have a constitution clearly defining the limits of the powers of federal governance.

Is a federal structure more democratic? Why?
Because, even if we have a European Parliament whose members are elected by the European citizens, all the important decisions are taken by the heads of government in the Council, in closed-door meetings. Sometimes they take decisions that erode individual countries’ sovereignty, including fields where this is not necessary and then you have lack of democracy. And if they don’t agree on anything, they can’t take decisions and you have the current paralysis. This has led to Brexit and disaffection towards the EU.

Why is it difficult for people to understand what federalism is?
Because nobody explains it to them! And it is a shame, a lack of constitutional, political and sociological knowledge if you consider that federalism is already part of the philosophical heritage of Europe and that, for instance, it was developed in the United States of America more than two centuries ago based on the thought of European philosophers like Kant, Montesquieu, Locke, Rousseau, Althusius and others.

Who wants a federal Europe today?
If you think that there are issues for which the power and capacity for action of our small, individual European states is not sufficient anymore, you are probably in favour of a strong, fair cooperation among them. This must indeed include an administrative and governing body that takes care of these common interests with a real democratic checks-and-balances system in place. Do you agree with this? Probably, yes. At the same time, it is likely you believe that each country should maintain its autonomy, preserve its peculiarities, culture, institutions, language, which is all quite reasonable. Then you are a federalist, and you are in favour of the federalization of Europe.

Would a federal structure in Europe help addressing pressing public policy areas such as climate change and migration?
I reverse the question. Is it possible to solve the migration and climate change crises if states deal with them by their own, without any coordination or with different, maybe even conflicting approaches? Nobody can be so foolish to think so. Only a federal Europe will developing enough critical mass and coordination to develop fair agreements on such fundamental questions together with the other main global actors. If a player is small and divided it will have no power in the future global structure.

Many people think that a federal Europe means countries lose their specificities and blend into a homogenous political entity. Is this the case?
No, a federation is not a super-state which abolishes the peculiarities of all the individual states because, if the federal constitution is built the right way, there is a barrier between the limited set of powers that the member states share with the federal body and the powers that remain with the member states. The federal government cannot trespass this barrier because the constitution does not allow it. While, unfortunately, this is possible under article 352 of the intergovernmental Treaty of Lisbon currently in place: the governments can come up with a new treaty or agreement any time and regulate any aspect of the life of each of our countries. We don’t have this barrier, and the weak control of the European Parliament is insufficient to prevent abuses.

If a federal Europe would benefit ordinary Europeans while allowing them to preserve their national identities, why is it so challenging to make both the idea and the discussion attractive to a majority of people?
Again, because of the extensive lack of knowledge, considering that even a lot of politicians do not have a clear idea of what federalism really is and they confuse it with more ‘intergovernmentalism’. 99 per cent of politicians do not know enough about federalism, and some of the few who know are discouraged. They consider it a pornographic word given that the political discussion around them is corrupted by lack of knowledge and the need to drug electoral campaigns with the lure of quick, simplistic and immediate promises in order to be elected. This is populism, after all.

What is the role of FAEF in this sense?
To explain federalism and the potential of its accurate application to the European citizens. We also need to create a federation that includes all the organisations that are in favour of a more united and stronger Europe, so that we can put together our forces, and show in practice what federalism is in theory. After all, if the federalists are not able to federate themselves, how can they preach to countries to federalize?

In particular, how do you think that younger generations can be reached and involved in the debate about federalism?
By honestly speaking to them, answering their questions, involving them through both traditional methods such as schools, lectures, books, and new ones such as social media. Federalism is not rocket science, just the right application of a few logic key concepts, which are already part of European cultural heritage.

One of your members, Catherine Guibourg, suggests that literature and drama are among the most powerful means to explore Europe, its challenges and possibilities. Do you have any ideas or projects in this regard?
Yes, Catherine has written a theatrical play Nous, le peuple européen: six personnages en quête d’Europe (We the European people: six characters in search of Europe) that is currently performing very well in France. This is a different approach to engage people, discuss with them about Europe and federalism as a possible solution. We need a frank discussion, involving not only the establishment but the whole of civil society.

Many people fear the result of the upcoming European elections – specifically, the consolidation of a powerful alliance of the extreme right in the European Parliament. How does FAEF approach the elections and what do you expect from them?
We are not a party. We don’t run for elections or make electoral campaigns. The nature of FAEF is to involve all the movements that are in favour of a more united Europe. They can come from the left, the centre or the right, be progressive, conservative, liberal, provided they are democratic and accountable, and agree on the goal of creating a European Federation. As sovereign forces, they are free to participate in elections or support electoral campaigns. Meanwhile, we play a different role.

Europe, the first world economy, is actually like a Ferrari with a 70-year old engine inside it which simply cannot work in a modern luxury car. This old engine is the intergovernmental system. We need to change it before it is too late.

Characteristics of a federal EU versus characteristics of the intergovernmental EU

By Dr. Leo Klinkers
16 May 2019

Introduction
There is much confusion about the true nature of federalism. There are also misunderstandings about the essence of the counterpart of federalism under the name of intergovernmental government, the current operating system of the EU.

This confusion is the reason to write this article. A discussion about whether to opt for a federal Europe or to retain the current intergovernmental system must be based on conceptual knowledge. Let me therefore begin with a simple description of both concepts.

  • A federation is based on a constitution of the people of the member states, whereby vertical separation of powers leads to shared sovereignty between the member states and a federal body. The executive branch is accountable to a fully-fledged transnationally elected parliament.
  • Intergovernmentalism is cooperation between governments on fields of policies – based on a treaty or an agreement – in which normative powers are given to administrators without them having to account for the executing of these powers to a fully-fledged transnationally elected parliament.

At the end of this article, I will answer the question: what is better, a federal or an intergovernmental Europe?

Characteristics of a federal European Union
A federation is only a federation if it is based on a federal constitution by the people, of the people and for the people. Thus, ratified by the people. The constitution’s preamble lists the values that it wishes to protect and preserve.

The federal constitution is based on the principle of the trias politica. This is the separation of the three branches of government (legislative, executive and judicial). This principle is maintained by means of an elaborated system of checks and balances, to comply with the rule: ‘None of the three powers is the boss over the other powers and no one is above the law.’

Contrary to what is often claimed by opponents of federalism, the member states do not transfer sovereignty by means of a federal constitution. The conceptual framework of a federation is as follows: the member states share their sovereignty with a federal body through a vertical division of powers. They will not lose anything, let alone sovereignty. On the contrary, they are given something extra, namely the care for common interests that they themselves are no longer able to defend.Such as, for instance, climate control, economic and social safety, security and defence, immigration, foreign affairs.

The proposition that a federation is a superstate that will take away the sovereignty and cultural identity of its member states, and that a federation needs a single people, with a single language and a single culture, is not correct. It’s exactly the opposite: a federation is created to give diversity a secure constitutional basis. For example, federal India constitutionally guarantees twenty-two official languages. Belgium three and Switzerland four. Why? Because those countries have – in their respective regions – different peoples with different languages and different cultures. In a federal state, they can live with fewer conflicts than if they existed within closed borders as nation states without cross-border government.

This, it is not necessary to have countries in order to establish a federation. A federation can also be created within a country by giving regions their own political system. Belgium has transformed the decentralised unitary state of three different regional cultures (French, Dutch and German) into a federation of three independent parts of the country with their own constitutional system. Germany, Austria and Switzerland are also examples of countries in which different peoples and cultures have led to the decision to turn it into a federal state. The same process could be applied in Spain, Italy, Cyprus, Ukraine. Even in the UK with its four different peoples, cultures, languages and already existing partial own administration per region. The UK’s devolution can be seen as a gateway to a fully-fledged UK-federation. A federation might even be a solution to the tragic conflict between Israel and Palestine. The design of such federations is not difficult from a constitutional point of view. The problem always lies in the lack of fundamental knowledge about the power of a federal system to mitigate and gradually resolve culture-driven conflicts within a country, in conjunction with the lack of political statesmanship and courage.

Because of the vertical division of powers, a federal body can only decide on a strictly limited list of subjects. The member states and their citizens retain all other powers, including their own parliament, administration, jurisdiction, policy fields, cultural identity, habits and customs.

Precisely because of the exhaustive (limited) enumeration of the competences of the federal body, there is no need for the principle of subsidiarity. The federal body cannot take any top-down decisions on any other issues than limitatively listed in theconstitution, let alone push these issues compulsory through the parliaments of the member states. Thus, the principle of subsidiarity coincides with the essence of a federal system.

In a federal EU, the parliament is based on proportional representation of the people of all the member states, made electable by transnational political parties, whereby the territory of the EU acts as one constituency. So, no district-driven organization of elections and therefore no fear for evolving into a two-party system.

The parliament of a federal EU has congressional oversight. This means that it can control the exercise of the powers of the administration, the executive branch, in all circumstances.

In a federal EU, there is no nation-state anarchy. Anarchy in the sense of the absence of cross-border federal government that can prevent and resolve conflicts so that they do not degenerate into the wars and genocides of the 17th – 20th centuries as a result of the nation-state anarchy.

In a federal EU, competition between member states continues to exist, for example in the field of state taxation, but potential conflicts between member states are resolved by the federal body.

When a federation is set up, the member states’ debts are settled. They become the debts of the federation.After that, the member states have to keep their own finances in order. For settling the member states’ debts, the federation provides a budget for the federation on its own, i.e. not by exhausting the finances of the rich member states. This is how the US federation was founded in 1789.

In a federal EU there is no compulsory assimilation. Assimilation in the sense of the slowly fading away of the diversity of languages, cultures, customs, national administration, politics and policies. Just as biodiversity is a necessary condition for the earth to survive, so diversity within a country and between countries is a condition for survival and innovation. Assimilation in the sense of the gradual disappearance of diversity between peoples, cultures, customs and practices leads to inbreeding and eventually to the collapse of a people or tribe.

The vertical separation of powers does not imply that the powers of the federal body are exclusive to that body. The member states of the federation may retain powers in such areas, provided that they do not concern matters under federal authority. For example: in a federation defence is a federal competence in the event of armed international conflicts, but member states may retain their own defence forces for their internal security. Another example is foreign affairs. The federation has embassies and consulates in various countries. Member states are also allowed to have them, provided that they deal with subjects other than those of the federal body.

Characteristics of the intergovernmental EU
An intergovernmental administrating system is based on a treaty or agreement. The main actors are the (heads of) governments. National parliaments only play a role in agreeing to a treaty. After that, they no longer have a fully-fledged monitoring role. Intergovernmental systems do not have transnationally elected parliaments to which the administrators are accountable.

An intergovernmental administration system has no trias politica (the separation of the three branches of government: legislative, executive and judicial), nor checks and balances to guarantee the actual separation of the three powers.

The intergovernmental EU is not democratically constituted. This is demonstrated, above all by: a parliament based on nationally oriented representation of national communities and not on proportional representation of the entire European people; the leadership of the EU is in the hands of the unelected European Council; the European Council cannot be held accountable in all respects by the parliament.

Any system in which administrators are not accountable to a fully-fledged parliament tends towards oligarchy and autocracy. For this reason, it leads to a limited political life cycle, often broken down by (increasing) internal conflicts within the intergovernmental system and/or by the uprising of the people, who feel not democratically represented by a normal parliament.

The absence of full parliamentary oversight of the functioning of the administrators of an intergovernmental system creates a distance between people and governance. The more power the administrators want – and often get – the greater that distance becomes. The resulting vacuum is then easily filled with extreme right-wing groups with their own agenda.

The desire of some members of the European Council to abolish the principle of unanimity, is a clear proof of the warning by Jean-Jacques Rousseau that governance always tends towards an oligarchy. Although decision-making based on the principle of unanimity is a retarded form of decision-making, one must be extremely vigilant as to the reasons for its abolition in the European Council. See my article on this subject.

The fact that the European Council takes decisions on the basis of the principle of unanimity means that any member of the Council can block a decision with a veto. Decision-making on the basis of the principle of unanimity rather than majority voting is a typical aspect of the way in which the EU works, namely, to protect national interests, instead of looking exclusively to the European interests. National protectionism is the natural enemy of federalism and one of the main causes of the EU’s eventual collapse of intergovernmentalism.

The not-elected European Council is the main decision-making body. This is the group of twenty-seven heads of government (prime ministers) and some heads of state (presidents). Although the Treaty of Lisbon has defined the exercise of powers exhaustively and the principle of subsidiarity is intended to prevent the EU from intervening unnecessarily in areas that can be better implemented by the member states, Article 352 of the Treaty allows the European Council to take all decisions that the Council deems to be in line with the EU’s objectives. The prior consent of the European Parliament, stipulated by this article, is a formality.

One of the guiding principles of correct constitutional law-making is: make only general binding rules; avoid making exceptions to the general rules. The consequence of this is that the more interests there are, the fewer rules you have to make. The Treaty of Lisbon does exactly the opposite. In order to accommodate the interests of every nation state, it consists of over four hundred articles and many exceptions to the rules.

The Treaty of Lisbon is
a) by its unnecessary length to incorporate the specific interests of member states instead of confining themselves to a small set of general binding rules – a capital sin in constitutional law-making,
b) by its many contradicting articles – colliding rules as another capital sin,
c) by its deviating Protocols – another main sin,
d) by its nationalistic driven Opt-outs – the ultimate capital sin,
the worst legal document ever written in the history of Europe. It is based on a system error, created in the Schuman Declaration of 1950 whereby Schuman claimed explicitly that Europe should become a federation, though handed over the responsibility for such an endeavour to heads of governments. A typically wrong goal-means relationship. Heads of governments cannot create a federation. Only the people can do that by ratifying a constitution by the people, of the people and for the people. And that is why the intergovernmental Treaty of Lisbon itself is the main cause of all conflicts within the EU and of its weak geopolitical position.

By its very nature of being an accumulation of national interests the Treaty of Lisbon is an open invitation to heads of government to oppose the Treaty and related agreements. Either individually or in an organised context. It inevitably has led to more conflicts within the EU and to great pressure to reform the EU, by wanting to return to the so-called sovereign nation state. That could imply the return of the nation-state anarchy with its wars and genocides.

The EU is a fine symbol of the centuries-old need for connection of European states. That should be cherished. However, through the top-down, compulsory decision-making mechanism of the European Council, the EU operates actually as a superstate that undermines the sovereignty and cultural identity of its member states. The EU is good, but its intergovernmental operating system is wrong. It is not binding but divisive. It is undermining European unity in the sense of forced assimilation by slowly fading away of the diversity of one’s own administration, languages, cultures, customs and practices. It is therefore fully justified to fundamentally criticise the EU’s dividing intergovernmental system of governance.But don’t blame the EU for this. Blame the politicians who introduced the system of intergovernmental government after WWII and blame the current politicians who continue to maintain this system despite the torrent of evidence that it divides rather than unites the European states.

Though fundamental criticism of the EU’s intergovernmental administration is justified, the desire of nationalist-populist groups to return to the nation-state anarchy of previous centuries is unjustified. Because Brexit is based on this fundamental fallacy – and also based on false information about the functioning of the EU – it is for the time being the height of political ignorance about the dangers of intergovernmental administration and of the real nature of federalism.This is all the more worrying given that, from 1800 to 1940, the UK almost continuously led processes to federalise its empire, including countries of the European continent.

Some federal weaknesses
When writing the European Federalist Papers between August 2012 and May 2013, Herbert Tombeur and I paid attention to weak and failed federations. I’ll mention some details here.

In the first place it is important to realize that every federation has to meet a number of standards. But slight deviations are certainly possible. To understand this, I use a metaphor. Many people know the song ‘We’ll meet again’ by Vera Lynn. That is a standard. If it were to be sung by Tom Jones it would sound undoubtedly different. Maybe a bit slower, maybe a bigger orchestra behind it. But even then, everyone would recognize the standard ‘We’ll meet again’. However, if Tom Jones were to sing the lyrics of Vera’s song with the music of his own song ‘Sex Bomb’, nobody would recognize it as the standard ‘We’ll meet again’. Well, the minimum standards of a federation are:

  1. establishing the federation bottom-up: by the people, of the people and for the people, ratifying a federal constitution,
  2. the sharing of sovereignty between the member states and the federal body through vertical separation of powers, with a fixed/limited list of federal powers, while all other powers remain with the people and the member states,
  3. a fully-fledged parliament holding the executive to account,
  4. a system of checks and balances to maintain the trias politica
  5. the member states taking care of their own government for their own citizens and the federal body making policies representing the common interests of all citizens of all member states.

But there is still room for relative, non-structural changes. For instance, whether the parts of a federation can have their own embassies in other countries is not a standard but a relative issue, to be decided upon by the people who design the federation.

There are examples of federations that did not work or only functioned for a limited period of time. For instance, the federation of the United States of Indonesia, established in December 1949 by the Netherlands and leaders of the Indonesian striving for legal independence. This federation was dissolved after eight months because its president Sukarno preferred to lead a centralised republic. The fact that Sukarno was able to do this quite easily is attributed to the assumption that a federation is weak if it is imposed from the outside, without providing for fully-fledged democratic institutions and with an asymmetric allocation of powers between the federal authority and that of the federal units.

This phenomenon is not unique. Similar attempts at establishing a federation on the initiative of the former colonizer took place in the first decade after WWII. Only to fail quickly for the same reasons as in the Indonesian case. This happened in Africa with Cameroon and Rhodesia-Nyasaland. A federal Ethiopia-Eritrea also failed. The United Kingdom left Pakistan with a federalist-oriented act, though Pakistan chose to centralize its government.

What do we learn from this? Well, the most important aspect is that externally or top-down imposed federalism does not work. Without fulfilling certain conditions, it is prone to collapse. Conditions like common values and interests, shared by the people, legitimate political representation, preparedness to cooperate and to demonstrate mutual solidarity, especially when the federation houses different groups and cultures.

In Europe one federation ended in violence: Yugoslavia. Another one, Czechoslovakia, was dissolved by political consensus. In the Yugoslavia case a mixture of two different driving forces – communism and federalism did not work. The deepest cause of this collapse is attributed to the absence of a proper constitutional and institutional organisation, with a clear vertical separation of competences between the member states and the federal body. Therefore, the principles of communism could always overrule the principles of federalism, leading to defederalization after president Tito’s death and eventually the total collapse after the implosion of the Soviet Union.

Czechoslovakia consisted of two socialist republics. Each had its own legislative and executive power, as well as a federal parliament for the whole country. Until the fall of the Berlin Wall in 1989, the communist parties of both member states dictated the tasks of the legislative and executive powers. It was only after 1989 that Czechoslovakia became a federation on a democratic basis. Yet this federation also failed because of an unsolvable dispute between those who saw the federation as a body that should work from the bottom up and others who advocated a top-down approach. On 1 January 1993, the federation ceased to exist and was transformed into two independent countries. The main lesson from this is that this federation was set up and used for political purposes, with no added value for the people and their common interests. The absence of a system of conflict resolution, essential for the acceptance of cross-border governance, also did not create a federal identity.

As Herbert Tombeur and I wrote in the European Federalist Papers: “These cases appear to show that the success of federalism depends on the clarity in which it describes its contribution to political freedom, democratic responsibility, economic competitiveness, as well as cultural richness.”

Some might ask: “And what about all the problems in federal India and the United States of America?  Does this not show that even a federal form of state cannot withstand internal conflicts and insurgent movements?”

Let us keep India apart from America for a moment. India having more than a billion inhabitants, the structural decline in China’s population will make it between 2020 and 2030 the largest country in the world. It consists of several hundred of regional cultures and languages in addition to the twenty-two official languages recognised by the Constitution. Some of the twenty-nine member states are rich, other are poor. It has four dominating religions: Hinduism, Islam, Christianity and Sikhism. All the ingredients for a hundred years of devastating wars. It is true that there are regular conflicts, even bloody ones, between adherents of different religions or political views. But the overriding feature of India is progress. Abolish its federal state and then experience that nation-state anarchy between the twenty-nine parts will destroy India.

With regard to America, President Trump’s undeniable desire to establish autocratic monopoly demonstrates the strength of the American federal constitution. He has worked step by step towards a constitutional crisis on the assumption that he will win the battle with Congress. But neither he nor Congress will win, but the constitution will. The ingenious US-constitutional system of checks and balances to preserve the trias politica will always confront him with a countervailing power that puts him back in his place. Even if he can, by means of (Tonkin-like) provocations, unleash a war somewhere in the world to take control of the other two branches of government, the people of America will call him to order: the citizens are the alpha and omega of a democratic federal order.

Another aspect is the two-party system based on district-oriented voting – also known as the spoil system. It makes the USA – as in the UK – almost ungovernable if the two dominating parties are not prepared to cooperate as is done in Europe with coalition governments. Over the last two hundred years, more than thirty amendments have been tabled – though until now in vain – to change this US-district system for a popular voting system. If Trump, supported by the Republican Party, persists in the quest for autocracy, he makes the need to change the district system for a popular system all the more urgent. This is demonstrated, for example, by the fact that currently, more than ten US-member states have already decided to merge the popular vote of their states in subsequent elections, making the sum of the popular votes a decisive criterion for the result.

What is better: a federal EU or an intergovernmental EU?
Because of the advantages of a democratic federal constitution instead of sticking to the current undemocratic intergovernmental treaty – full of systemic errors – a federation is by far the preferred option. In order to give heterogeneous countries and regions that want and need to cooperate within a system whereby they retain their sovereignty, a federation is the most appropriate form. For this reason, forty percent of the world’s population already live within as many as twenty-seven federations.

The most important lesson we can learn from successful and failed federations is the same lesson a child learns when it has to make a good fried egg: know what it takes and know how to do it. A federation is only a federation if a series of inalienable conditions are met. That requires knowledge and the courage to apply that knowledge.

One could ask: ‘What would I, as a citizen, gain from a federal Europe? Does it make me healthier? Is it easier for me to move around Europe in search of a better life? Does it make me richer?  Does it give my children a safer future? Does it accept abortion and euthanasia?’ And many more questions that affect citizens personally. The answer is: a federal Europe starts with the interests of the citizens themselves. It is fairer, juster, more social, safer. The birth certificate of a federation is about the happiness of its citizens. And the task of the government to help the citizens to achieve that happiness. No matter how difficult that can sometimes be and how long it can take for the intended success to be achieved.

Federalism deals with values, laid down in the preamble of the federal constitution. Federalism does not deal with policies. Why not? Because federalism is concerned with a form of state, not with policies. There is no such thing as federalist education policy, federalist agricultural policy or federalist immigration policy. Or any other policy area. Policy is made by politicians,who, elected and appointed, determine the policy of the federation. Federalism as such only deals with the question: which form of state is the safest one for citizens when countries and regions have to live and work together but differ in many respects. Federalism is concerned with building a sustainable and liveable house, not with the question of which furniture the residents like best. This also answers another question: ‘What happens if the wrong people go and live in that house?’ And so, the question: ‘Is a federation able to prevent bad residents from taking possession of the house and destroying it?’ The answer is: a federal house cannot guarantee that it will not be occupied by bad residents.Political squatters are always there, looking for openings to seize the democratic procedures and thus fulfil their personal ambitions. But the better the construction of the federation meets the standard requirements, the less chance there is of bad residents to move in. How well a federation meets standard requirements starts with the preamble to the federal constitution – by the people, of the people and for the people- which accurately lays down which values are guarded and preserved by this constitution.

The challenge
In 1787, the founding fathers of the Philadelphia Convention realised already after two weeks that the intergovernmental treaty of their confederation had reached the end of its political life cycle after only eleven years (1776-1787). That treaty did not create thirteen viable states, cooperating in unity, but proved to be the cause of their division. Disobeying their legal assignment (‘repair the faults within the treaty’), they did a number of audacious steps out of the box and threw away the treaty and made the first federation in the world. Based on the ideas of European philosophers.

And what did we learn from this in Europe? Nothing. For two centuries, numerous attempts were made to federalise Europe too. However, all attempts failed. Why? Because every attempt was always made wrong, not based on the essence of Europe’s own philosophical legacy.

Immediately after WWII the adage ‘never again war’ created two movements. One was the intergovernmental cooperation of government leaders at the founding of the United Nations in 1945. The other was the creation of the World Federal Movement, in 1948. The intergovernmental administrating system gained in strength. The United Nations proved to be the cradle of many hundreds of intergovernmental organisations all over the world. Initially, federalism also had a great deal of sympathy, with hundreds of thousands of supporters. In Europe mainly supporters of the famous Ventotene Manifesto (1942) in which Altiero Spinelli explained the building blocks of post-war European constitutionally based federalism. But slowly the attention for federalism waned and federalists – also the World Federal Movement and its chapters in the world – started to lean heavily against intergovernmentalism. Some federalists did this because they were happy that the intergovernmental system could at least act as a brake on future wars. Others assumed that if you tinker with an intergovernmental treaty often enough, the intergovernmental system will automatically turn into a federal system. This is the way of thinking that we still find within some European federalist movements today: ‘Let us amend the Treaty of Lisbon only a few more times, and then it will automatically become a federation.’ Well, one can discuss whether a strawberry is tastier than a coconut, but one cannot argue whether a strawberry can be turned into a coconut.

Making fundamental changes requires knowledge and courage. Given the likelihood that the new European Parliament after 23 May 2019 will have even more anti-European members than the current one, the arrival of a federal Europe will take some more time. Unless the current intergovernmentalism within the European Council evolves into intergovernmentalism 2.0, which will stimulate the anti-Europe elements to push the existing internal conflicts, combined with the weak geopolitical position of the EU, to a total disintegration of the EU. Weimar history between 1922 and 1933 has taught us that a state full of bad governance and conflict can pave the way for a strong man who ruins everything and everyone. Or, such a crisis creates statesmen, equipped with the knowledge and courage to finally give Europe a federal form of government after two hundred years. Let’s hope for the last when – as the saying goes – ‘the shit hits the fan’.

For more information I refer to my book ‘Sovereignty, Security and Solidarity’. This book also contains a draft ten-article federal constitution for Europe. Watch the trailer.

More European Integration?

On Thursday 9 May 2019, the European Council will meet in the Romanian city of Sibiu to discuss the four key tasks which, according to its President Donald Tusk, should constitute the EU’s strategic agenda for the next five years. These are: protection of citizens, a strong economy, a sustainable and social society and the defence of European values and interests.

I will leave aside whether this broad definition can be called ‘core tasks’. I also refrain from a substantive discussion of these core tasks. The essence of the Sibiu agenda is: ‘let us try to promote more integration with fewer goals.’

Well, as soon as ‘integration’ is on the table, we are dealing with the increasingly criticized pursuit of the Treaty of Lisbon of an ‘ever closer union’. The Dutch Parliament recently adopted a motion to remove this phrase from the Treaty. The reason for this is that they want to put a stop to the further integration of the EU countries.

Few concepts in the legal EU-framework are as poorly understood as the concept of ‘integration’. Due to the nature of the Treaty of Lisbon, which gives the European Council the power to take any decision that, according to the Council, serves the EU’s objectives – and thus overrides the principle of subsidiarity – the Council’s decision making works both de factoand de iureas ‘assimilation’ of the EU countries. By its very legal nature the Treaty imposes top-down measures that force the member states to become in line as much as possible.

Strictly speaking, the call to integrate further forces countries to assimilate in the sense of adapting to one another as much as possible and thus taking on each other’s characteristics. This is one of the most important causes of conflict within the EU, as well of the Brexit drama. Countries, parliaments and people do not want to assimilate. Not only do they want to preserve their own sovereignty, but also their cultural identity. This need for further integration is one of the many systemic errors within the EU’s current intergovernmental operating system, driven by the Treaty of Lisbon.

Well, such a systemic error is absent within a federal operating system, based on a federal Constitution. In a federation, the Member States retain their sovereignty and cultural identity. They share this sovereignty with a federal body that takes care of a limitative set of interests that the Member States can no longer defend on their own. It is only at the level of that federal body that integration takes place. Integration in the sense of taking care of a few common European interests rather than operating on an array of conflicting national interests. In a European federation there is no integration in the sense of assimilation at the Member State level. They retain everything they already have: parliament, government, judiciary and their own policy areas. Countries with Presidents or Kings retain this in a European federation.

The Lisbon Treaty destroys the diversity of the member states. A European federation preserves it. So, the correct answer to the question in the title of this article (‘More European integration?’) should be: ‘Yes, but only if properly understood and applied.’ And that is within a European federation, based on a federal constitution that lists the core tasks, being common European interests, exhaustively.

Those who claim that a European federation would be guilty of further integrating in the sense of assimilation and would destroy the sovereignty and cultural identity of the Member States do not know what they are talking about. People who support Tusk’s abovementioned strategic agenda should tell him that pursuing these core tasks will only be successful in the constitutional and institutional framework of the federal Unites States of Europe. A federation is the only form of state that provides his wish of more integration, which takes place at federal level with the full agreement of the participating Member States. That way, they not only don’t lose anything, but just get extras.

For a better understanding of this matter I refer to the pages 33-39 of my book ‘Sovereignty, Security and Solidarity’: https://www.faef.eu/trailer/.

Comments are appreciated. As well as forwarding this article to relations you would like to inform about this approach to the concept of ‘integration’.

Macron and Rutte: intergovernmentalism 2.0

At the beginning of 2019, the Dutch prime minister Mark Rutte put away his dislike of the European Union. He no longer argues that Brussels should stop taking on more and more power. In his ‘Churchill Lecture’ (Zürich, 13 February 2019) he argues for more powers for the European Council to speak with one voice. It was his third pro-Europe lecture in a few months. Lectures in Berlin and Strasbourg preceded it in 2018.

The Dutch prime minister starts by honouring Churchill but does not say a word about the essence of his lecture in September 1946. Churchill then emphatically underlined the need for the countries on the European continent to establish the federal United States of Europe. Rutte does not mention this. The word ‘federation’ does not appear in his lecture. Not even the concept of ‘intergovernmentalism’. However, he does speak of ‘multilateralism’ in order to express his desire to perpetuate the current intergovernmental EU system of government.

For the record, I would like to describe two key concepts:

  • intergovernmentalism is policy-based cooperation between governments – based on a treaty or an agreement – in which normative powers are given to administrators without them having to account for the executing of these powers to a transnationally elected parliament;
  • a federation is based on a constitution of the people of the member states, whereby vertical separation of powers leads to shared sovereignty between member states and a federal body. This body takes care of a limitative range of common interests that individual member states cannot (or can no longer) take care of on their own. The member states do not lose their sovereignty and are given some extras, among which the care of common interests.

The common thread of Rutte’s speech is: away with the naivety of the ‘soft power’ of principles and values; instead, with the ‘hard power’ of realpolitik going to search for power; not afraid to acquire that power through inflexible trade policies in order to bring EU-geopolitics into line with China and the United States. Under the safe custody of America, Europe – according to Rutte – has for too long cherished itself in self-satisfied soft power.

Although he stands for values such as democracy and human rights, he is prepared to acquire this power, if necessary, through fierce street battles. All in all, Rutte is now talking about ‘Europe first’. In his opinion, this can only be achieved by enabling the administrative part of ‘Brussels’ to take a stand both externally (i.e. geopolitically) and internally (i.e. in the multilateral system of the member states). More decision-making power of EU administrators to the outside and to the inside, that’s what it’s all about.

In his opinion, this decision-making power should be achieved by exchanging the unanimity principle of decision-making in the European Council on specific issues, such as the imposition of sanctions on other countries (Russia, Syria and Iran), for a majority principle. This means: taking decisions in the administrative European Council by a majority of votes and not on the basis of unanimity, whereby a veto by one of the member states can block the decision-making process.

There is nothing against abolishing the principle of unanimity in the European Council. It is a retarded way of making decisions because – with a threat of veto – votes are exchanged in the sense that ‘if you support me on this issue, then I support you on your issue’. Sticking to unanimous voting is an instrument for nationalist-oriented heads of government, who operate on the basis of protectionism. It is not the common interest of the total, but preventive damage control of one’s own nation determines their position in the decision-making process.

However, Rutte’s proposal to break through the unanimity principle is not motivated by the importance of saying goodbye to a backward decision-making system, but to concentrate more decision-making power in the hands of a small number of members of the European Council. To understand this, we should go back to president Emmanuel Macron’s Sorbonne speech in September 2017.

Macron pointed to the need to reconstruct the EU. In order to sharpen and link six EU policy priorities in such a way, the European Union could finally become a power on the geopolitical stage. To this end, he proposed a refoundation of the EU with a group of representatives of each Member State, plus a new treaty, aimed at strengthening the decision-making of the top of the EU system, the European Council. But any builder can tell you that foundation and refounding should happen at the bottom, at the base, not at the top. The only relevant form of refounding is to exchange the EU’s legal basis, namely the intergovernmental Treaty of Lisbon, for a federal Constitution.

The Netherlands is a member of about 53 intergovernmental organisations. It is not a problem to enter into intergovernmental memberships on the basis of a treaty or an agreement. But as soon as such organisations have normative powers vis-à-vis citizens, the democratic representation of those citizens should be the measure of the day. This is never the case with intergovernmental systems of government.

The sting, however, is in the instrument that Macron needs in order to gain global power and influence in these six policy areas. By close reading it shows that, according to Macron, the possibility of blocking decision-making in the European Council must be brought to an end. He implicitly claims: ‘abolish the principle of unanimity in the European Council’.

A year and a half later Rutte is saying, explicitly: ‘let us break open the principle of unanimity’. His lecture of 13 February 2019 is therefore an extension of Macron’s Sorbonne lecture in September 2017. By exchanging the principle of unanimity for a majority system, both want to put the administrative power in the hands of those who already possess directing power, but who can be hindered in executing that power by colleagues who use, or threaten to use, their right of veto, thus blocking the decision-making process.

To avoid you thinking I’m just fantasizing, I’ll give you some literal quotes from Macron’s speech:

  • “We’ve got to make progress on all our major challenges, quickening the pace and setting our sights higher. No State must be excluded from the process, but no country must be able toblockthose wanting to make faster progress or forge further ahead.”
  • “Let me say, going back to what Mario Monti and Sylvie Goulard proposed a few years ago: the idea that whoever wants the least can block the othersis a heresy. We must accept these many differences and, as at every key moment in its history, Europe will move forward first of all through the determination of afew.”
  • “In the same way, we should not define a closed club for those who could be members of it, let’s define the way forward, the method, and all those who have the ambition, desire and power will be in it, without blockingor stoppingthe others.”

But there is more to it than just his desire to remove the possibility of blocking decision-making in the European Council. Take another good look at ‘through the determination of a few’. What does that remind us of? To Jean-Jacques Rousseau at the end of the 18th century. He explained that a parliament always behaves like an elective aristocracy, which always tends towards an oligarchy.

The European Council is the opposite of a representation of the people and already operates as an aristocracy under the Treaty of Lisbon. It is the nature of such a body to strive for concentrating administrative power. Macron – who grew up in France’s typical centralistic administrative culture – wants a vanguard of a few government leaders, an oligarchy within the European Council, to push majority decisions through the Council.

Before you suspect me of a conspiracy theory, I would like to draw your attention to the administrative uniformity of individuals like Macron and Rutte. They are ‘two of a kind’. One person does the assist and the other knocks the ball in the goal because he’s in the right place at the right time. They do that automatically, as a two-unit. This is how they are put together. Their DNA, by definition, directs them in the direction of an administrative position. Not in that of a representative of the people. And they even think – no doubt sincerely – that they represent the people in their striving for more administrative power for a smaller group of decision-makers. In view of what is happening on the basis of rebellious France, Macron should know better by now.

The ‘re-founding’ of the EU envisaged by Macron by lifting potential blockages within the European Council and supported by Rutte by explicitly calling into question the principle of unanimity, is a quantum leap that a) places even more intergovernmental administrative power, b) even further outside the democratic control of the European Parliament. This is the birth of intergovernmentalism 2.0.

At this point I cannot ignore jargon of a systems theoretical / cybernetic nature. Although extremely short. We are dealing here with an example of ‘positive feedback’. The basic error, i.e. the introduction of European intergovernmentalism from the ECSC in 1951 by means of a wrong goal-means relationship, gradually created more problems than solutions. Attempts to repair problems resulting from a system error never solve anything, but rather increase the number of problems such as the series 2-4-8-16 and so on. While ‘negative feedback’ is the universal goal-finding mechanism through the systematic elimination of deviations within political decision-making processes, ‘positive feedback’ acts cause an exponential strengthening of the deviation. This makes it easy to predict that increasing internal conflicts will bring the intergovernmental EU to the abyss.

Implementing majority decision-making in the European Council, without first creating a democratic basis for a federal constitution, is such an increase in the already illegitimate administrative power of the European Council that this system will collapse. ‘Illegitimate’ in this context means: not according to constitutional principles. It is a recipe for conflict within the European Council, between the European Council and the European Parliament and between member states. Countries that have major problems with the euro, other countries that oppose immigration, yet others that do not want to be corrected if they violate the Treaty and further agreements will not want to give up the principle of unanimity. If only because a majority system – albeit designed by Rutte to speed up sanctions against countries outside the EU – can also be used against them if they do not comply with the Treaty of Lisbon. Think not only of anti-immigration member states, but also of the member states that, under the leadership of the Netherlands, are resisting a budgetary foundation under the Eurozone. In this way, Rutte, with his own ambition as a street fighter, organises his own Waterloo.

The greater the internal division, the easier it is for the nationalist-right to grab hold of power. On page 45 of the ‘Seventh Report on Racism, Anti-Semitism and Extreme Right Violence in the Netherlands’ (December 2018), the Verwey-Jonker Institute mentions a statement by the member of the Dutch parliament Thierry Baudet, stating that “… it would be best if we were absolute rulers. In parliamentarianism it is not possible to implement major policy changes”. Given the rise of the nationalist-right in Europe, we must assume that his vision is shared in other countries. The Weimar Republic taught us that the path of a strong man is paved by previous bad governance. Intergovernmentalism 2.0 offers exactly the same picture.

I do not suspect Macron and Rutte of nationalistic-right sympathies. But of a culpable lack of knowledge that a federal Europe, based on a federal constitution and therefore with a democratic mandate, is the only form of state with which they can realise their plans for furthering common European interests.

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