Analyse EU Observer van het Spaanse 'ja' (en)

EUOBSERVER / COMMENT - Without doubt, the Spaniards sent a huge "Gracias" to Europe yesterday (20 February), when more than three quarters of the participating voters approved the new European Constitution.

No other country in Europe has received as much financial assistance from EU taxpayers as Spain has since its accession back in 1986.

The Spaniards also said `yes' to a new European Treaty, which in fact weakens the country's voting right in the European Council in comparison with the Nice Treaty.

But at the same time, millions of Spanish voters said `Si' to the new basic law of the Union, because of the introduction of the first transnational citizens' initiative, which gives one million people across the continent the right to propose a new European Law.

However, the Spanish `Yes' was not a full `Yes' to a democratic European future, but more of an expression of deep appreciation of the developments over the last 20 years.

More than half of Spain's 34 million voters opted not to take part in the first of at least ten referendum votes on the new constitution.

Many of them may have felt that they had not been given enough time to familiarize themselves with the constitution.

Others may have been discouraged from participating by the (too) clear Yes-trend shown in the opinion polls. But less than one fifth of the participating citizens said `No' to the constitution, giving this new basis for the EU a strong starting position in the upcoming "grand débat" on the constitution.

Most surprising are the high proportions of `Yes'-votes in the Madrid-sceptical provinces of the Basque Country and Catalonia. Both northern regions are working towards becoming more independent of the central power.

Turnout is less important than outcome

What are the lessons to be drawn from the first national referendum on a transnational constitution? I would like to draw your attention to five.

First, turnout is less important than outcome.

In Spain, many people saw the referendum result as a foregone conclusion and opted to abstain. It would be a big misunderstanding to interpret the non-votes as no-votes.

Nonetheless, the no-side was right to complain about some aspects of the way the referendum process was handled, as the government and the main opposition party used their powerful positions to bias the debate.

There was so little time allowed for the referendum debate that the appeals put to the Courts by the radical Left `No' side are only to be decided after the referendum decision has been made.

A referendum process must take time

So, secondly, a referendum process must take time.

Spain's Prime Minister Rodriguez Zapatero was too hasty in calling the referendum and in wanting to show the rest of Europe that his country is committed to the integration process.

Almost no-one would have doubted the result if the people's decision had taken place in late spring. It is simply not enough to dedicate 40 or 50 days to an information, education and debate campaign, as Spain's socialist government did and what the conservative governments of France and The Netherlands are heading towards.

Citizens must be taken seriously

Thirdly, the citizens must be taken seriously.

By calling a referendum Spain's Prime Minister took the first step. By providing a copy of the constitution to millions of households another useful step was taken. But at the same time, the Madrid government underestimated the citizens when it allowed football stars to read parts of the constitution - football stars, who, when asked about the content of their statements, had no idea what the whole article was about.

A small step towards a modern democracy

Fourthly, the EU constitution referendum is only a small step towards a modern democracy.

It is worth noting that pro-constitution and pro-government forces in Spain have already begun to call Sunday's vote a problematic and one-off experience of direct democracy within an otherwise purely indirect system (e.g. Javier Pertez Royo in El Pais, "Tropezar en la misma piedra", 'stumbling over the same stone).

Instead, the republican ambitions behind the decision to hold a referendum must now be used to further modernize Spanish and European democracy, including giving a bigger say to the citizens both at the regional (Catalonia, Basque Country etc.) and the transnational level.

Let the people decide on the new EU constitution

The fifth and final point is that the Spanish referendum experience is not only an important lesson for all democrats within the country, but in the whole of Europe.

It is important to let the people decide on the new EU constitution.

Even if many voters (and non-voters) did not manage to familiarise themselves with the EU constitution, the Spanish ratification procedure did at least give enormous added value in comparison with non-referendum countries, where the national parliaments will have the sole right to examine one of the most comprehensive cross-border agreements ever.

There is no alternative to a referendum if there is to be better information, understanding and communication around the constitution in a modern society.

When all is said and done, the Spanish vote on February 20, 2005 was the 42nd national referendum on Europe in Europe since 1972.

Research has shown that taking part in European affairs on a regular basis increases an electorate's affinity with and support for the European integration process. And with the new EU constitution, half a billion people will be given a transnational legal basis which will put indirect and direct democracy on an equal footing - at least in principle.

This is a development which will surely motivate citizens across Europe to continue their efforts to become agenda-setters and decision-makers at all political levels.

The author is President of The Initiative & Referendum Institute - Europe's Direct Democracy Think Tank and Co-Editor of the "Guidebook to Direct Democracy - 2005 Edition"