theguardian.com 
<http://www.theguardian.com/commentisfree/2015/oct/18/eu-referendum-paul-mason> 
 

Europe is becoming an undemocratic continent where force matters more than law

 

Paul Mason

 

We’ve had the rival launches, in which cheesy celebs and tawdry men in suits 
swapped platitudes about Europe. Now we’re going to get the letter: David 
Cameron is being forced to write down 
<http://www.theguardian.com/politics/2015/oct/15/david-cameron-bows-to-eu-pressure-for-list-of-demands>
  his demands before the other EU governments will begin negotiations. All this 
in preparation for a referendum whose date has not yet been set.

Writing stuff down is good – and too rarely done in international diplomacy. 
What you think is wrong with the EU, and what you want done about it, will vary 
widely depending where in Britain you live, your class, age and ideals. My 
hunch is that, if we all did this, and loaded the results into some vast 
database, the real problem with Europe would emerge. It is power – and the lack 
of democratic control over it.

I have no prior hostility to the EU. But the first time you have to lug TV 
production kit around the stairs and tunnels at Rond-Point Schuman in Brussels, 
beneath the unfriendly gaze of armed Belgian cops, you begin to realise how 
unequal power is in this semi-superstate. The architecture of power in Brussels 
is faceless: it seems to embody the determination to dissolve political 
traditions into a monolith.

The sheer size of the EU directorates makes them susceptible only to two kinds 
of influence: global corporations and pan-national industry lobby groups. That 
means, for businesses, it is almost impossible to deal with Europe unless you 
have mega size, or are prepared to dissolve your specific interest into a 
sector agenda, which will itself be mediated through layer upon layer of 
protocol. For individual citizens, it’s worse. The only real power to influence 
Europe’s vast bureaucratic structures has to be expressed through one of two 
channels: the British government and the European Court. The commission is not 
accountable to the parliament, and the central bank seems accountable only to 
Angela Merkel.

 

In the past year, on two occasions when tested, European solidarity fell apart. 
Critics say Greece was smashed by the European central bank that was supposed 
to keep it solvent. There was no democratic redress. The many millions of 
people who saw the protest hashtag #ThisIsACoup 
<http://www.theguardian.com/business/2015/jul/13/greek-supporters-social-media-backlash-germany>
  had no way – even indirect – to influence the actions of the commission and 
the European Central Bank. Then, as refugees from Syria and beyond flowed 
through the Balkans, two key parts of the legal architecture fell apart: the 
Schengen agreement <http://www.bbc.co.uk/news/world-europe-13194723> , which 
assures free movement between some central states, was suspended 
<http://www.theguardian.com/world/2015/sep/13/germany-border-crackdown-deals-blow-to-schengen-system>
 . And the Dublin III treaty 
<http://www.theguardian.com/world/2015/jun/24/the-boat-is-full-hungary-suspends-eu-asylum-rule-blaming-influx-of-migrants>
 , which forces the deportation of migrants to their first country of entry, 
likewise ignored.

 

It’s hard to avoid the conclusion: Europe is becoming a continent where force 
matters more than law. Germany forced Greece to accept a programme that will 
destroy its economy and strip its state of assets for the next 50 years. Half a 
million people forced their way across borders in a way that all forms of 
rhetoric against migration could not stop.That’s great for them: but not for 
the thousands of sub-Saharan migrants trapped in violent slums across north 
Africa. They must rot there, simply because they do not have the power to do 
what the Syrians did. Businesses and politicians have also begun to understand 
that, in Europe, might is right. Uber, which has faced bans in Spain and had 
its offices raided three times in the Netherlands, has just been declared legal 
in the UK.

Staking a claim to a new business model then seeing if it’s actually legal 
seems to be the new normal. In Europe, the outcome seems hit and miss. Both the 
action and reactions demonstated something that all Chinese city governments 
know: when the executive power is far away and the law lethargic, arbitrary 
pursuit of self-interest is the most effective course of action.

For the “stay” lobby, in the run-up to the referendum, the strongest argument 
will be the lack of real alternatives to EU membership. Sure, let’s do 50 
bilateral trade deals and sell our infrastructure to China – but don’t think 
this comes with a return to Great Power status for the UK. It will mean the 
opposite – as we bargain away our diplomatic positions and our human rights 
agenda for the sake of investment deals and energy security.But the 
“everything’s fine and the critics are just nationalists” argument does not 
wash either. Just as the euro is destroying the economies of southern Europe, 
the EU’s institutions might destroy European solidarity.

My own written demands would focus on the imbalance of power and the tendency 
to use it arbitrarily. For the EU to be a legitimate state, even a weak one, 
its legislature must control its executive. The rule of law means swift redress 
and advance compliance: but European law is neither swift nor enforcable 
without expensive retrospective justice.The ECB’s tendency to take politicised 
and arbitrary action is not just a problem for euro countries, but the whole 
project. Finally, the power to admit new states has to lie with existing 
populations. The EU’s logo is on my passport: before the borders of that 
institution are extended to Iraq (via Turkey) or the Donetsk warzone (via 
Ukraine), I would like not just a vote but a veto.

 

This problem of power is so big that both sides in the referendum have a vested 
interest in ignoring it. Even if we leave, it will still be a problem for 
Britain if there’s a power imbalance between people and institutions inside the 
EU. The pro-EU faction seem happy to tolerate glacial change, leaving 
generations of Europeans to live under a semi-democracy. The real power, 
meanwhile, sits with large corporations, banks and elites.

And here’s the strangest thing: for all the power concentrated at the top, the 
EU lacks the will to operate purposefully in the multipolar global power 
system. We know, roughly, what the US wants. Ditto for China and Russia. Ask 
what Europe wants – in Ukraine, Syria or the Arctic circle – and you’ll draw a 
blank. In a multipolar world, whose chaos zones are expanding, effective states 
with clear diplomatic aims and red lines matter.

Paul Mason is  <http://blogs.channel4.com/paul-mason-blog/> economics editor of 
Channel 4 News.  <https://twitter.com/paulmasonnews> @paulmasonnews

 

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