Implementing (and radicalizing) art. I-47.4 of the Constitution: is the addition of some (semi-)direct democracy to the nascent consociational European federation just Swiss folklore?*

Abstract

This contribution scrutinizes how the Swiss approach towards democratization, which not only combines representative and direct democracy, but also includes federalist provisions and implies consociational practices similar to those in the EU, can reduce its democratic deficit. It proposes as a means of implementing art. I-47.4 of the Constitutional Treaty referendums that would be initiated ‘from below’ by citizens' petitions (with balanced geographical distribution). Popular initiatives on European ‘laws’ and ‘framework laws’ should be introduced. This contribution discusses various procedural variants of such institutions and concludes that, given the similarities between the European and the Swiss political system, direct democracy mechanisms in the EU would primarily produce – as in Switzerland – indirect integrative effects. They would reinforce the negotiated aspect of policy-making instead of acting as majoritarian devices. They might also reinvigorate interest in European matters and strengthen identification with the EU system.