Is it Possible? Participatory Democracy at EU Level

In European Union, we are currently experiencing a debate on participatory democracy. Attempts are being made to provide definitions, regulate mechanisms and indicate its assumptions. On the other hand, we operate within existing legal framework - EU treaties and its limitations. Whatever is provided in articles 10-11 of the TEU constitute an absolute minimum of civic guarantees. The overriding rule of equal treatment of citizens by EU institutions, emphasizing the functioning of the Union on the basis of mechanisms of representative democracy and direct representation of citizens by the European Parliament, along with emphasizing the role of political parties operating at the European level in building European political awareness - these are attempts to indicate the natural democratic rules that form the basis of the EU system. Article 10(3) TEU explicitly refers to the right of citizens to participate in the political life of the EU, but is based on the principle of subsidiarity, according to which all decisions should be taken in an open manner and as close as possible to the citizen. Such a legal construction seems contradictory in its essence – one may wonder whether citizens can as effectively participate in democratic processes at EU level as they may at local level. The question therefore arises whether the treaty provides mechanisms of participatory democracy. The answer is positive – one of the most obvious examples is citizens’ initiative (art. 11(4) TEU). Remaining ones (ex. right to participate in political life of the EU) are not constitutive elements of participatory democracy, though. These are elements that are appropriate for a properly functioning democracy in general. True participatory democracy requires much more - it requires the creation of structures, mechanisms, political guarantees and, above all, it requires participation itself. The difference between democracy in general and its participatory form is that in the case of the latter its constitutive condition is an active participation, expressed not only as the taking part in, but also in the obligation to take into account the expectations arising from this participation. Despite the existence of legal provisions introducing civil dialogue, which should be based on consultations and activities of associations representing the interests of civil society, it is worth considering whether effective participation, i.e. one that has a real impact on decision-making processes, is possible at EU level at all. Perhaps the subsidiarity principle naturally transfers the burden of participation to the local level. However, it is also possible that the current social unrest among EU citizens signals the need to build a definition of a participatory democracy and to take action to remodel the traditional EU system, as well as the Member States, to take into account the growing expectations of citizens. The present paper proposal provides legal perspective, using dogmatic and theoretical analysis, on whether and how is it possible to assure effective participation of citizens at EU level.