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Escape D-Day. European Day against the Death Penalty Controversy: underlying conflict and the democratic deficit

1. Introduction

Twenty six to one – which was the result of the vote on the creation of a European Day against the death penalty during the working meeting of September Ministers of Justice of the EU. Poland was the only opponent. political conflict over the creation of the Day is a more complex problem, some public commentators to believe. It is argued that the actions of the Kaczy controversial? the government must resorts, rather than simply to reject the views of Poland, drag our attention to issues as less symbolic holiday officially established. In my opinion, the Intergovernmental Committee of the battle lines in this case have little to do with conflicts latent actual surface of public discourse in Europe.
The first is, of course, the debate on capital punishment as such. Against the wishes of Heads of States Idealist prohibiting the death penalty is hardly worthy of all those who appreciate European. In several states DP support a solid majority, in others – a significant minority. The second problem highlighted by the Poles, is the formulation of a general "right to life", which calls all other forms of termination of peacetime (Abortion, euthanasia) in question.
All these questions are themselves directly related to the problem of democratic deficit in the EU. Apart from the regulatory aspects of the dispute, of course, governments, heads of state, commissioners and members are reluctant to participate in a broader discussion on these issues. They seem to believe that everything that happens at the level of European market is still isolated from the public, which provides policymakers with a silent "permissive consensus." This might be true for the rules of color police cars, but not necessarily the problems of life and death. The document is intended to be neutral on the question of penalty death, but has a normative side defends the need for greater deliberation in the Union.
The purpose of this study is to analyze this conflict, " as if it were "a matter of policy in the EU. I want to describe the views of both governments: the United Kingdom as a defender of the Day, and Poland, the other party.
The EU is however a political system at several levels, therefore, are not necessarily intergovernmental conflicts should reflect the structure of interest in lower levels. I have the intention of offering coverage of national interests on the question of the day, and more importantly, the PP as such, in these two states. I want to show that there is agreement on the issue points, the nation state border.

2. The European Day against the death penalty – a political conflict

The "World Day Against the Death Penalty" held October 10. every year since 2003, an initiative of the World Coalition Against the Death Penalty. Idea of a purely European Day became apparent during the German presidency, and adopted by the Portuguese Government, which was supposed to chair the European Council in second half of 2007, when the day will be held. On behalf of the European Commission Vice President Franco Frattini, responsible for Justice, Freedom and Security, been a leading advocate of the joint statement of the European Parliament and the Council of Ministers proposed by the EC 19. June 2007.
Frattini said: "By establishing of a European Day against the death penalty does not show our determination and our commitment to stop fighting this practice until it is deleted "in the world. In Benita Ferrero-Waldner: "The Europeans are the first to advocate against the death penalty and its universal abolition." Under the EC following statement Releases: "tireless advocate of the abolition of the death penalty worldwide, the EU proposes a European day against the death penalty." As I shall try to demonstrate in sections to come, European, including EU citizens, they are unanimously against the defenders of the death penalty, nor the European Union was a tireless champion "To abolish it for a long time.
delegations of Member States should agree on the proposed project September 6. The proposal has been however blocked by the Polish delegation at the first meeting, the veto has been reported previously and despite attempts to convince the Poles, by the commission, other delegates and members, this was the end of the project.
As justification from their point of view, the spokesman of the delegation of Poland, Andrzej Duda said Europe must promote a day dedicated to the protection of every human life "instead. The claim was based on traditional Christian discourse, where all forms of human inspiration termination of employment are poor. What emerges from the observations, mostly made by the Socialists and the delegation of Portugal, was only a pretext, the real reasons for the veto was Kaczy Polish? Ski explicit support for capital punishment. Commentators also noted that the League of Families Polish Kaczy? Coalition ski holiday, was planning to reintroduce the DP for pedophiles rapists. On the other hand, critics Polish veto on with the forthcoming elections in the country, where foul play on the European stage and the defense of the Christians or pro-penalty would be death Kaczy values? Ski Law and Justice points.

3. The three centers of interest and disinterest

In this debate, we can distinguish between the three positions (interest) that can be found in the EU. First, with the support of the authorities of 26 states, the EC, the European Parliament and the Council of Europe, is based on the human right to life included in the strict sense. Capital punishment is illegal and unjustifiable cruelty, and "Europe" is said to be the most important prophet of abolition. Second, Christian point traditional view, calling for the protection of all life, from conception to natural death. The third is the conservative (in the American sense) point of view, preclude the abolition of the RFP. This form of punishment is considered more effective in deterring violent crime and fair. The abortion and euthanasia is not considered similar to death (as in the first point of view) but as equal to murder, and in some extreme views should also be punished with death.
Besides the three clearly "interests" to be mentioned in terms logically possible fourth – who favor the death penalty, and the liberalization of abortion and euthanasia. I support this point of view is quite common. There are, however, deeply held values or ideology, but rather a superficial reasoning. I therefore call a lack of interest "in opposition to the more aware and better informed "interest." Decision support framework for this group arises from the very basic need for justice and security, and arguments about the role of deterrence are attractive. The abortion and euthanasia, on the other hand can be regarded as private affairs – in a way similar to the group of primary interest. I will demonstrate that such negligence "Is the main pool to support the DP in Europe, but is often circumvented by European politicians.
In political discourse EU official of the former view is present. Avoid reference to abortion and euthanasia, or the omission or deny any logical link. What reviewers said, but declined further, is the gain of the electoral law and justice could be achieved in opposition to the Congress became the only player on the European scene as representing the views of second and third. The commentators, with the exception of Terry Davies, Secretary General of the EC, were reluctant to say that these elections can be won, only because there are many Europeans favor the death penalty or the right to life in a broader sense.

4. The structure of interest national death penalty

At first, this section will try to illustrate briefly the structure of interest regarding the death penalty in Europe, with some statistics. Therefore, we will proceed to the analysis of two cases in which I will look more closely at the organization of interests and their reflection in the political arena.
Contrary to what is proclaimed by EU officials, "the abolition of the death penalty" is not very central "European added value." Eurobarometer does not raise the question of being for or against the DP. Pan-European data is very limited. As for European Law, Council of Europe European Convention on Human Rights and Fundamental Freedoms ", requires the abolition of the death penalty. These documents are not central to former members, or the conditions of accession of new member. The Copenhagen criteria do not mention the need to abolish DP.
The public is less divided on the issue. In Finland, according to Gallup surveys, one third of the nation supported the death penalty in 2006. In France, support is higher – 42%. In the UK, support has declined in recent years about 60% to a figure still still very high 49% in 2005. It should be noted that this support is much higher in the new Member States, notably Poland (67% in 2006, 63% 2007), Czech Republic (57% 2005) and Romania (Eastern Europe averages about 60%). The need for justice and security causes instances of popular mass support for the reintroduction PP – as well as the tragic events in Belgium in 1996. 62% of Europeans believe that in particular young offenders who commit less crime if Penalties are more severe. 95% of respondents say penalties for violence against children must be more severe. They can be treated as (very low) proxies of dissuasive sanctions more serious and has support for HB, respectively.
Poland 4.1
Poland could be the EU country with the support of the State the strongest RFP. Most cases of violence after 1989 murder took place between 1995 and 1997. In recent years, support for the RFP was the highest – even 75% in 1997. This support, I would say, especially emotional and corresponds to the fourth, contained in the point of view – selflessness. "This can be demonstrated by abortion attitudes, not corresponds to the Christians "or" conservative patterns of interest. "In 1997 65% of Poles agree that women should have the right to suspend, in 2005 the figure dropped to 57%. However, it still means that less than 20% of respondents are in favor of the PD and abortion.
Despite strong support for this call, representation of interest in the political structure has little society. Since 2004, three right-wing parties have called for the restoration of capital punishment. more radical voices often raised by conservatives and ultra-liberal Union of Real Politics, which traditionally received 8.2% support. Its arguments are the deterrent effect of the preparation and the primacy of the right to life, they are rooted in individual freedom and absolute responsibility of the individual for their actions. The second is the nationalist lawyer League of Polish Families, with support from 12% in 2005, and marginal support in 2007. The party is divided between Christians and conservative views, especially talking about DP for pedophiles. The last part of the RFP is the law and justice, he saw a place for the death penalty in its penal code draft tougher. Together, supporters of the PP can count on 30-40% of the votes, just play with real support in this matter.
The comments of the traditional press day at the controversy has focused on the feeling of shame Poland is again found to be a monster "or a sheep" black "in the European family, not to engage in substantive debate on the PP. right-wing press has chosen While stressing the "Christian" explanation of the Polish veto, or "conservative" hard-headed for a showdown with nonsensual, socialist Europe.
United Kingdom 4.2
As already mentioned, public support for the DP in the UK is enormous, and it shows in public discourse, especially in the conservative Tory sources /. Even some very conservative commentators have been reluctant to reject the Polish veto as "fundamentalism", choosing instead to support the logic behind the attractive lifestyle "pro" explanation of the veto. In this sense, the position of the Polish Eurosceptics address was received with a some understanding of the major groups of British Eurosceptics. Most, however, sided with Mr. Straw and uses the pan-European speech against AD and avoid putting the "broader context of the right to life" on the agenda.
The Working Group is clear fall in the interest first "box" after all, with Tony Blair in Britain finally banned by the PP in all circumstances. This political line being pursued by Gordon Brown. With the Party Conservative case is more complex. David Cameron, described as "modern compassionate Conservative" has relatively moderate views, was not in favor of the RFP. However, there are more radical voices within the party with some members explicitly express their support for capital punishment. The leaders of the Ulster Unionist Party and the Democratic Party Northern Ireland Unionist Parliament also supported the reintroduction of the RFP.

5. Conclusion: Take a D-Day Tour D in the Council of Europe

Despite the Polish veto, the Day was established and is being held October 10. To achieve this, EU governments turned to the Council of Europe, where the project was 26.09 26 came from 47 states – a majority sufficient to bind the other members. This turn of events was, of course, strongly opposed by the Ministry Polish Foreign Fotyga called the decision a conspiracy and said that Poland considers that there is. A month later, however, early elections Law and Justice sweep and the coalition government was in favor of the day. The process has been completed by the JHA Council meeting of 7.12 when the 27 Member States signed the proposal, which means that one day will be European Official 10/10/2008 against the death penalty across the EU.
Although we can discuss the Union has chosen right thing to do, not in any way solve the problem of civic considerable support for the DP. Europe is a strong advocate of a global cause that is not unanimously considered internal "European." What other hand, after the previous Polish government has been embarrassed different and the story line is entirely reasonable, no a voice of dissent, without representation of the three alternative views of the EU integration on the European stage. This conflict of interests and European politics can be considered as evidence of the democratic deficit in the EU. Davies Secretary of attitude and the fact that at least some extent, these three points of view are present in the European Parliament, which we expect to achieve a real debate on the DP and the right to life that Europe is as it should be defined. It would be interesting to see a real moral argument in the European family, which could lead to the World Day against the death penalty is a European day really.

About the Author

Kacper Szulecki is a student of international relations and sociology at the Free University of Amsterdam and the Warsaw University.

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July 29th, 2010 at 10:03 am

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