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The contradictions of the Dutch referendum on the Association agreement with Ukraine

As the day of the advisory referendum in the Netherlands on the Association agreement with Ukraine nears, the bulk of the commentary seems to focus on the campaign, its trends and its context rather than the referendum question and the agreement it addresses. There have been lots of commentaries focusing on the geopolitics of the referendum, evaluating Russia’s possible attitude or role, as for example this recent piece  assessing a potential ‘no’ vote as a symbolic victory for Russia. Many analysts note the passive stance taken by the Dutch government and political parties of the government coalition who, after all, participated in the negotiations of the agreement that started all the way back in 2008. In a highly critical post, Judy Dempsey denounces the lackluster campaign by Dutch and European politicians and the lack of visible commitment to the  treaty and the values it embodies (rather than just trade) by the Dutch Prime Minister Rutte himself. In terms of the implications of the referendum results, there is little agreement on the significance of a potential ‘no’ vote. Some, consider the whole exercise to be meaningless, as given the advisory nature of the referendum, the government could ignore the results if they are negative.This post by Korteweg provides an overview of recent history of both the agreement and the Dutch referendum and of potential scenarios after the referendum.

Yet, as Kristof Jacobs pointed out in the SRV blog and also in a debate we held yesterday, the political consequences of ignoring a possible ‘no’ vote would be much wider  and harder to ignore than the legal ones. Both domestic and international consequences could be quite broad and far reaching. At least one of the government coalition parties, the Social Democrats, has committed to respecting the outcome of the referendum. Changing the wording of the Association agreement to satisfy the Dutch voters would also be quite problematic: in a total of 486 articles and 179 pages without the annexes, identifying which bits would have been found objectionable by Dutch votes in case of a ‘no’ majority would be difficult. The EU’s credibility in other international settings and policies, such as the revised European Neighborhood Policy or even ongoing enlargement process with the Western Balkans, would be compromised.

If we accept that future accessions or associations will become more and more politicized, as found in our enlargement assessment project maxcap (see here), we should try to take the question of the referendum seriously and evaluate, to the best of our current knowledge, what effects the Association agreement might have. Given its scope and the fact that establishing a Deep and Comprehensive Trade Area is quite a novel enterprise, as shown in this legal analysis, effects are difficult to estimate ex ante. The political reform provisions in the treaty, however, are both far-reaching and promising, in the clear commitment to domestic reforms in Ukraine (art 6), extensive requirements for transparency and the planned involvement of civil society (articles 299, 443). All other things being equal (which is not a given in Ukraine’s neighbourhood), the Agreement will provide both a roadmap and a set of incentives for reforms in democratic governance, as the EU has done in the past for countries like Bulgaria, Romania or Slovakia. It will be up to Ukrainian policy makers and politicians to take this opportunity. Yet rejecting the treaty by means of a negative vote in the Netherlands, or letting it exist in some kind of legal and political limbo while the Dutch government decides how to react to a potential negative result, would sap what energy and determination exist for reforms in Ukraine. So paradoxically, if we assume that at least some of the initiators of the Dutch referendum care about democracy and citizens, their democratic impulse might kill the attempts to make democracy mean something in Ukraine. This would be a strange outcome indeed.

 

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