As delivered

It is a huge honour to be here with you today. I would like to extend my very warm thanks to the President for receiving us to discuss the relationship between political majorities and the opposition – a relationship which is fundamental to the overall health of our democracies.

The Council of Europe is, in essence, an organisation dedicated to the pursuit of democratic security. It was built out of the rubble of the Second World War, to help Europe build peace on new foundations: democracy; human rights; the rule of law; curbs on aggressive state power and protections for individual liberty.

The European Convention on Human rights was born. And, over the decades, the Council of Europe has sought to help build a more secure Europe by developing shared legal standards and common democratic practices among our member states. We do not want all of our members to be the same. On the contrary, we cherish diversity, among countries and within them. But we do believe that there are some basic characteristics which all stable and resilient democracies must share.

There are five, in fact: the five building blocks of democratic security, on which our Secretary General bases his annual reports, in which he assess the state of democracy and human rights across the continent.

The first is independent judiciaries: people must trust their courts. Where they do not, instability usually follows. 

The second is freedom of expression: so that we may hold the powerful to account, and prevent stagnation in our societies through the freeflow of ideas.

Democratic security also requires freedom of assembly and association: to allow all members of a society to express their identities, and to challenge authority.

It needs inclusive societies: in order to build tolerance and respect between people.

And – and this is the most relevant aspect of democratic security for our purposes today: stable democracies need well-functioning institutions. Legitimate. Trusted. Transparent. Accountable. Governed by the rule of law. And able to represent, lead and unite their societies.

The way in which political majorities and opposition forces engage with one another is clearly central to the functioning of our institutions. And it is not always an easy relationship.

Let us be clear from the outset: politics is politics. No one should expect political opponents to be the best of friends. They are locked in a competition, and often an extremely fierce one, between individuals who can hold wildly different views about the way their societies should be governed. And we should value this dynamic: it keeps our politicians on their toes.

But competition is not war. And, no matter what their differences, all elected politicians – and indeed all those who seek election – are duty-bound, first and foremost, to wider society. They have a responsibility to avoid deadlocks and keep the wheels of democracy turning, so that political programmes can be delivered. They have a responsibility to respect legitimate election results and fulfil their different roles.

Majorities should seek inclusive political processes and respect the role and authority of parliaments. This is particularly true when it comes to the most important decisions affecting a nation, including its constitutional arrangements.

Opposition forces are a vital check on executive power, and they should behave in a way that is befitting of such an important democratic function.

And both sides have a responsibility to seek out their common ground, where it exists, so that they may work together for citizens. Where differences cannot be bridged each side must, at the very least, respect the rule of law, established democratic processes and agreed standards. This includes, of course, those standards set out in the European Convention on Human Rights and in our other legal instruments, all of which are upheld by the Council of Europe’s wider convention system. Where politics stalls, this system provides a solid basis on which a way forward can be found.

If they do not? If political majorities abuse their authority to side-line opposition and push through agendas which alienate large parts of their population? Then they may eventually pay the price, as they find themselves presiding over increasingly divided societies.

And opposition forces must equally resist the temptation to continually and automatically obstruct those in power, instead seeking to find solutions and engage in a constructive way.

Political deadlocks and stand-offs are not only divisive for our societies, encouraging polarisation and antagonism.

They are also off-putting for many ordinary people, contributing to the overall trend in Europe which sees citizens becoming increasingly disenchanted with politics.

We know that this widespread disillusionment is creating fertile ground for populism; for the angry nationalists and xenophobes who are successfully exploiting the anti-politics mood to sow division, challenge democracy and undermine international co-operation. And this should worry us all.

The Council of Europe therefore takes very seriously the need to support, in our member states, a functioning dynamic between political majorities and opposition forces: a healthy contest, based on clear, fair and inclusive rules, common standards, and a culture of co-operation.

We are lucky to have with us today Mr Gianni Buquicchio, the President of our Venice Commission, a globally recognised authority in constitutional issues, which helps our members strengthen their democratic institutions. Gianni will be able to give you the view from the Venice Commission. We are also lucky enough to be hearing from Mr Pedro Agramunt, the President of our Parliamentary Assembly, which brings together parliamentarians from across Europe. So I will just briefly inform you of some of the developments that have taken place in recent years, with regard to the Council of Europe’s work in this area – and explain how we hope that today’s Conference will fit into that work.

In 2010, at the request of the Parliamentary Assembly, the Venice Commission adopted a report on the role of the opposition in democratic parliaments. The report set out the arrangements that are needed to ensure that oppositions can do their job, and it soon became a valuable reference point for our member states.

Between then and now, the Venice Commission has adopted Opinions, in a number of countries, where the majority/opposition relationship has grown problematic, noting a worrying trend towards a “winner-takes-all” approach. Mr Thorbjørn Jagland, our Secretary General, on the basis of the Venice Commission’s work and his own political observations, last year decided to include this important issue in his annual report, saying that our Organisation needed to return to the question majority/opposition interplay, looking again at how we are advising and supporting our member states in light of the changing political environment.

Our governments backed the Secretary General’s recommendation and, as a first step, the Venice Commission is updating and expanding its 2010 report, to look more squarely at the respective roles of the political majority and the opposition, and their interaction. We understand that the updated report will, it is hoped, be adopted by the end of the year. It may, potentially, serve as a basis for Council of Europe guidelines. Such guidelines can be very effective in getting an issue such as this on the agenda of 47 European governments, and beginning the process of consensus building around shared norms.

So this is where we are. And today’s Conference will, we hope, help inform this process of reflection. It has been designed to put important questions on the table, and we value very much your insights and expertise.

As I intimated at the outset, the way in which majorities and oppositions interact is not a dry or academic topic: it relates directly to the health of our democracies – to their credibility and stability.

It is an extremely pertinent issue here in Romania, given the current political situation, which we see is now being addressed through political dialogue – a process we strongly support.

And it is a pertinent issue for Europe more broadly. At a moment when many are asking: “what is politics for?” it is vital that they see their democracies functioning effectively. At a time when many divisive issues plague Europe’s societies, and the politics of confrontation and blame is becoming ever more common, it is essential that responsible political actors demonstrate the value of co-operation and inclusive political processes. For these reasons we are here together, in the spirit of collaboration, to address what is becoming one of the most important matters for our democracies. Let me thank you for taking part, and let me wish you all the very best for the next two days.