Models, guarantees and European standards of direct and representative democracy in the constitutional law of Ukraine and EU member states

Abstract

Abstract

The article carries out a comparative legal analysis of the direct and representative democracy models enshrined in the constitutional law of Ukraine and the EU member states. The representative-dominant, mandatory-referendum-constitutional, initiative-abrogative, and executive-representative with a referendum component and multi-level representative-participatory models are systematized. The Ukrainian model is defined as representative-referendum with a limited sphere of direct democracy. The normative, institutional, and procedural guarantees of elections, referendums, citizens’ initiatives, petitions, and consultations are disclosed. The content includes legal certainty, universality and equality of participation, freedom and informed expression of will, election administration’s independence, campaign financing’s transparency, judicial protection’s availability and a motivated response’s obligation by public authorities. The European standards of democratic procedures, formed in the documents of the Council of Europe, the Venice Commission, the ECHR, and EU law practice, are summarized. It is substantiated that the referendum’s result cannot be implemented outside the limits of parliamentary competence, constitutional control, guarantees of minority rights, and international obligations. A four-level verification of direct expression of will is proposed, covering the competence, constitutional, human rights, and European integration components. An integrated constitutional-participatory model of improving democracy in Ukraine is formed, the implementation of which is associated with the adoption of a law on local referendum, differentiation of referendums by subject and consequences, prior control of the admissibility of issues, definition of the parliament’s responsibilities regarding the implementation of voting results, strengthening the independence of the Central Election Commission, protection of minorities and inclusive participation of citizens. Keywords: democracy, direct democracy, representative democracy, constitutional and legal model, elections, referendum, civic participation, constitutional control, European standards, European Union law.