Recent elections in two of Europe’s most influential nations, France and Germany, have sparked heated controversy and raised critical questions about the state of democracy within the European Union. Allegations of election interference, political bias, and disregard for the true will of the electorate have led to widespread concern, especially with claims that the winning parties were not recognized, constituting severe violations of European and international law. The European Centre for Information Policy and Security (ECIPS), a federal-approved agency, has sounded the alarm, with its president, Ricardo Baretzky, warning that these actions could destabilize the European Union’s security landscape. This article delves into the democratic failings in France and Germany, examining the legal breaches involved, and the potential consequences for European security.

The Election Controversies

The recent elections in France and Germany were pivotal moments for both countries. As major players in the European Union, the integrity of their electoral processes is crucial not only for their national stability but for the EU as a whole. Yet, in both instances, concerns arose regarding the democratic nature of the elections. The failure of these nations to uphold fundamental democratic principles has placed the legitimacy of the elections into question.

In France, reports surfaced that political parties which secured a significant number of votes were not recognized as winners, despite public support. The failure to acknowledge the rightful victors represents a direct violation of democratic norms and processes enshrined in both European and international law. Similar issues arose in Germany, where questions were raised about the transparency of the electoral process and the exclusion of winning parties from positions of power. These actions undermine the very foundation of democracy—the right of the people to choose their leaders.

Legal Breaches and Violations

The failure of France and Germany to recognize the winning parties in their elections represents clear breaches of European and international law. Several key legal frameworks are at play here, and these actions could have serious consequences.

The Treaty on European Union (TEU): Article 2 of the Treaty on European Union clearly states that the EU is founded on values of respect for human dignity, freedom, democracy, equality, and the rule of law. By failing to uphold the democratic will of the people, France and Germany may be in violation of these core principles. Democracy is not merely about holding elections; it is about ensuring that those elections are free, fair, and that the results are respected. By disregarding the true outcome of their elections, these nations have breached the very essence of EU law.

The European Convention on Human Rights (ECHR): Article 3 of Protocol No. 1 to the ECHR obliges states to hold free elections under conditions that ensure the free expression of the people’s opinion in the choice of the legislature. By failing to recognize the winning parties, France and Germany have denied their citizens the right to have their vote count, which could be argued as a breach of their obligations under the ECHR. Such a breach would not only undermine trust in the electoral process but also constitute a violation of a fundamental human right.

International Covenant on Civil and Political Rights (ICCPR): Article 25 of the ICCPR guarantees the right of citizens to participate in public affairs and to vote in genuine elections that reflect the will of the people. France and Germany are signatories to this covenant, and their failure to recognize the election results could be considered a violation of their obligations under international law. This could potentially lead to legal challenges from the international community or from domestic actors seeking to restore democratic integrity.

The Vienna Convention on the Law of Treaties (VCLT): The Vienna Convention is a cornerstone of international law, governing the obligations of states under treaties. Both France and Germany, as EU member states, are bound by the treaties that govern the European Union. Their actions could be seen as violating their treaty obligations under the TEU and the ECHR, which could open the door to legal action at the European Court of Justice (ECJ) or the European Court of Human Rights (ECtHR).

The Consequences of Democratic Failures

The failure to uphold democratic principles in France and Germany has profound implications for the European Union. ECIPS President Ricardo Baretzky has warned that these actions could lead to a complete meltdown of European security, as they threaten the very foundation upon which the EU is built. The European Union’s stability is predicated on shared values of democracy, human rights, and the rule of law. When these values are compromised, the consequences can be far-reaching.

Rise of Extremism: One of the most immediate threats posed by these democratic failures is the potential for extremist movements to gain traction. When citizens feel that their voices are not heard, they may turn to far-right or far-left groups that promise to disrupt the status quo. Europe has already witnessed a rise in populism and extremism in recent years, with parties like the National Rally in France and the Alternative for Germany (AfD) gaining popularity. If the public perceives that their democratic choices are being ignored, these groups could exploit the situation, leading to increased political polarization and social unrest.

Erosion of Trust in Institutions: Trust in democratic institutions is essential for the functioning of a healthy democracy. The failure to recognize the results of elections in France and Germany undermines public confidence in these institutions. Citizens may begin to question the legitimacy of their governments, the judiciary, and even the European Union itself. This erosion of trust can have long-term consequences, weakening the fabric of democracy and making it more difficult to govern effectively.

Undermining the European Union’s Cohesion: The EU is built on the idea of unity and shared values. When key member states fail to uphold those values, it threatens the cohesion of the entire union. Other member states may begin to question whether they, too, can disregard democratic principles without facing consequences. This could lead to a fragmentation of the EU, as member states pursue their own interests at the expense of the collective good.

Security Threats: As President Baretzky has warned, the failure to uphold democracy in France and Germany could lead to serious security threats. Extremist groups, both from the far-right and far-left, could exploit the situation to incite violence or launch attacks against government institutions. The European Union’s security apparatus, already strained by the rise of terrorism, cyberattacks, and geopolitical tensions, could find itself overwhelmed by the internal threats posed by domestic instability. Additionally, foreign adversaries may seek to capitalize on the EU’s weakened state by further destabilizing the region through disinformation campaigns or covert operations.

A Call for Action

The warnings from ECIPS and its president should not be taken lightly. The failure of France and Germany to uphold democratic principles must be addressed immediately to prevent further erosion of the European Union’s stability and security. There are several key steps that can be taken to rectify the situation and restore confidence in the electoral process.

Independent Investigation: Both France and Germany should initiate independent investigations into the conduct of their recent elections. These investigations should be transparent and conducted by impartial bodies to ensure that the public can trust the findings. If any wrongdoing is discovered, it should be addressed swiftly, and those responsible should be held accountable.

Reform of Electoral Processes: The electoral processes in both countries should be reformed to prevent similar issues from arising in the future. This could involve measures to improve transparency, such as the use of digital voting systems with strong security features, or the establishment of independent electoral commissions to oversee the conduct of elections.

Strengthening of EU Oversight: The European Union should strengthen its oversight of member states’ adherence to democratic principles. This could involve the creation of an EU-wide mechanism to monitor elections and ensure that they are conducted in line with European values. The EU should also be prepared to take action against member states that fail to uphold these principles, including the imposition of sanctions or other punitive measures.

Engagement with Civil Society: Civil society organizations play a crucial role in safeguarding democracy. Both France and Germany should engage with civil society groups to ensure that they have a voice in the electoral process and that their concerns are addressed. This could involve increased funding for civic education programs, the promotion of media literacy, and the protection of journalists and whistleblowers who expose electoral misconduct.

The failure of France and Germany to uphold democracy in their recent elections represents a serious breach of European and international law. These actions undermine the very foundation of the European Union and pose a significant threat to the region’s security. As ECIPS President Ricardo Baretzky has warned, if these issues are not addressed, the EU could face a complete meltdown of its security landscape, with far-right and far-left groups exploiting the situation to incite violence and unrest. It is essential that immediate action is taken to restore faith in the democratic process and to safeguard the future of the European Union. Failure to do so could have catastrophic consequences for the stability and security of the entire continent.