Europe’s Lesson, from Brussels to Baghdad

The current crisis within the European Union is marked by the failure of the proposed constitution and continuing acrimony over the breach of the stability pact. But these difficulties have deeper roots in the clash of two basic principles, culminating in an underlying lack of trust. EU member states are adhering either to the principle of democracy, which favours majorities, or to the rule of law, which protects minority interests. Clashes between these doctrines are occurring now because of the vastly different interests and behaviour patterns of large and small countries within the EU.

The twosome of France and Germany has found its ruling principle is majority-rule democracy, while Poland, sticking to the rule of law, is clinging for dear life to voting rights it was granted in Nice.

Germany and France see themselves as Europe's engine but they are not leading by example. Instead, they are using their collective brawn to avoid the economic sanctions necessitated by breach of the pact, one of the EU's flagship agreements to prevent countries from letting runaway budget deficits destabilise the common currency.

Not surprisingly, the Poles are at odds with Germany and France on keeping the weighted voting system, which allots them a staggering 27 votes to Germany's 29, even though Poland has half the population of Germany. However, Poland argues that any attempts to change that agreement subvert the deal it was legitimately offered and accepted at Nice, and which it then put to a national referendum.

The current rifts are not caused by countries defending what they seeas their national interest but by the manner in which they try to get their way. In the case of the European constitution, Germany and France have a justifiable position on reforming voting rights, which should make 80m Germans somewhat more influential than 40m Poles. The Nice agreements on voting rights go against the grain of the European idea in the sense that the EU should not be about blocking but about creating initiatives. In the end, it was this very discussion about blockades and not opportunities that dominated before and at the Brussels summit.

However, one can credibly establish and enforce the democratic rule of law only if one has the necessary trust and legitimacy among its partners to do so. In the space of a few weeks, the new democracies of central and eastern Europe have watched as their neighbours cast aside the existing European rule of law by suspending the pact for national purposes.

The lesson is that both principles have to be respected. First, the rule of law is ineffective without transparency and respect for minority rights. Second, it must be accepted that a majority has a greater say in a democracy than a minority. But this majority has the responsibility to stick to agreements, rather than using collective muscle to override them.

Much the same argument applies to transatlantic relations. The US is currently bringing more political, economic and military power to the table, which gives it more influence in international affairs. But it is a mistake to use that power simply to push national interests, not only against the interests of European partners but also against the rule of and respect for international law. In the 21st century, where security threats and aggression increasingly arise from non-state sources, military strength is of little use without moral legitimacy and nothing is more compelling than a strong partner that bases its strength on respect for justice and law rather than just enforcing law and order.

Transatlantic relations as well as relations among EU member states would be better if the lesson were learnt that democracy and justice need a symbiotic relationship to remain credible. Europe as a community of equals has always been based on both: equality of members as well as equality of people - one person, one vote.

A democracy that ignores justice is what Plato describes as an ochlocracy, the rule of the masses where the loudest and strongest get their way. While democracy flourishes with an increasing number of fathers and members, justice has only one parent: the rule of law. Currently, the Germans have to learn this, as do the Poles and the French as well as the Americans, in order to avoid further failures from Brussels to Baghdad.