Wojciech Misztal Institute of Sociology Maria Curie-Skłodowska University wmisztal@[email protected]European Union – Poland – Dialogue Abstract The article discusses the question of social and civil dialogue as a form of civic involvement in a democratic, free market system, and analyses it in the context of Jürgen Habermas’s theory of communicative action. Focusing on the mechanisms and consequences of institutional solutions adopted in the Polish socio-political and economic reality, and examining the possibilities of their description and explanation, the study demonstrates that both the institutional structure and analytical tools applied in the Polish context are essentially imitative and do not meet practical or cognitive expectations. Key words: social dialogue, civil dialogue, public sphere, participatory democracy, theory of communicative action Civil freedom is an inherent element of a democratic order. Under communism, the atrophy of political freedom of citizens and civil society stemmed from the instrumental treatment of the public sphere. In liberal democracy, the vitality of the public sphere is a natural function of free, independent and efficiently organised civil society, and provides an opportunity to overcome weaknesses of modern democratic systems by means of active civic
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AbstractThe article discusses the question of social and civil dialogue as a form ofcivic involvement in a democratic, free market system, and analyses it in thecontext of Jürgen Habermas’s theory of communicative action. Focusing on themechanisms and consequences of institutional solutions adopted in the Polishsocio-political and economic reality, and examining the possibilities of theirdescription and explanation, the study demonstrates that both theinstitutional structure and analytical tools applied in the Polish context areessentially imitative and do not meet practical or cognitive expectations.
Key words: social dialogue, civil dialogue, public sphere, participatorydemocracy, theory of communicative action
Civil freedom is an inherent element of a democratic order.
Under communism, the atrophy of political freedom of citizens and
civil society stemmed from the instrumental treatment of the
public sphere. In liberal democracy, the vitality of the public
sphere is a natural function of free, independent and efficiently
organised civil society, and provides an opportunity to overcome
weaknesses of modern democratic systems by means of active civic
participation in the decision making process at all levels of
public administration.
Having successfully developed a democratic system of
government and joined the European Union, Poland had to adopt a
new pattern of civic involvement which had been shaped in the
process of evolution of EU democratic practices. Social and,
later on, civil dialogue as a project aiming to promote social
empowerment became yet another challenge for a young Polish
democracy. Marked with tension and conflict, Polish social
dialogue brought into light a number of unsolved and seemingly
insoluble problems. In this situation, civil dialogue appeared to
provide the prospect of addressing most of them and consolidating
democracy in the process.
As an answer to the shortcomings of representative
democracy, participatory democracy offers an opportunity for
social and civil dialogue. Social and, even more so, civil
dialogue in the European Union have a growing impact on the
socio-economic and political reality in Poland. Both the Polish
Constitution1 and the legal regulations of Polish EU membership2
1 The Constitution of the Republic of Poland, 2 April 1997, Preamble [officialtranslation]: ‘We … hereby establish this Constitution of the Republic ofPoland as the basic law for the State, based on respect for freedom andjustice, cooperation between the public powers, social dialogue as well as onthe principle of subsidiarity in the strengthening the powers of citizens andtheir communities.’http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.
2 Article I-47 of the Treaty establishing a Constitution for Europe declares‘The principle of participatory democracy: 1. The institutions shall, byappropriate means, give citizens and representative associations theopportunity to make known and publicly exchange their views in all areas ofUnion action. 2. The institutions shall maintain an open, transparent andregular dialogue with representative associations and civil society. 3. The
require that the government and local administration should
implement the model of social dialogue established at the
Community level. Apart from this, the EU also promotes the
development of civil dialogue.3
In his theory of communicative action, Jürgen Habermas
defines democracy and the democratic process according to the
specific nature of the political, economic and civil sphere
(Habermas, 1981, after Cohen, Arato, 1997: 148). Following this
view, my assumption is that the public sphere constitutes an
actual structure of communication (exchange of information, views
and opinions) expressed in the form of public opinion which has
to be considered by public authority. However, it does not
encompass the entire public sphere developed by citizens acting
against ‘real socialism’. Formed by open, public associations
aiming to reintroduce public debate at all levels of society, the
public sphere emerges in a developed democracy as a platform of
democratic participation of citizens in shaping the common norms
of social consensus, moulding public opinion and exercising
influence on the system, both public institutions and economy.
Rooted in civil society organisations, the public sphere expands
beyond them to become instrumental in forging a general consensus
on public questions and forms of social solidarity as a component
of universally shared morality.
Commission shall carry out broad consultations with parties concerned inorder to ensure that the Union's actions are coherent and transparent.’Official Journal of the European Union, C 310, vol. 47.
3 Ibid.
3
The present discussion aims to analyse the state of Polish
social and civil dialogue in terms of Habermas’s concept of
communicative action and establish what type of such action is
involved in the process. In this way, it is an attempt to test
the explanatory value of Habermas’s theory for the description of
social phenomena in Poland. In such a theoretical framework,
dialogue between public administration and institutionalised
civil organisations (trade unions and non-governmental
organisations) is approached as a conduit between the ‘system’
and ‘lifeworld’ (Lebenswelt), and citizens rely on civil dialogue
to liberate themselves from the inner logic of the administrative
and economic system (which is in charge of the medium of money
and power). I attempt to establish whether social and civil
dialogue should be interpreted in terms of consensus-oriented or
strategic action. Thus, the article discusses the essence, form,
condition and evaluation of Polish dialogue today, and considers
approaches to the definition of the process and its function in
public life. Important factors in this area include the level of
democracy, the development of the public sphere, the competence
and level of engagement of the partners involved, as well as
ethical and legal norms and values (both Polish and European)
making up a set of cultural tools of dialogue. In my analysis, I
follow the postulate of refraining from making personal value
judgments or adopting an axiological approach to the problems
under consideration.4
4 Analyses of problems connected with civil dialogue are sometimescharacterised by highly emotional attitudes stemming from an assumed, but not
4
Background of dialogue
The second half of the 20th century saw the beginning of a
radical socio-political and economic transformation in many
countries, especially in Western Europe (Staniszkis, 2003).
Characterised mainly by decentralisation and deconcentration of
public authority, it entailed a reorientation of the entire
machinery of public administration. As inefficiency of extensive
bureaucratic structures became apparent, public authorities were
growing increasingly aware that they were unable to adequately
satisfy the needs and expectations of citizens. A remedy for this
situation was seen in closer relations with society.
Consequently, the state initiated the process of sharing power
with local councils and social organisations, leading to social
dialogue, which formed a bond and enhanced cooperation between
the state, society and economy, the three hitherto separate
spheres. Thus, the process of dialogue emerged and consolidated
as an important element of the concept of participatory
democracy.
explicitly expressed, axiological approach. Strictly academic studies ofPolish civil dialogue are still few and far between, and preliminary incharacter. In addition, some authors display distinctly judgmental attitudes,since their aim is to promote an idea of dialogue as valid and desirable forthe future of Polish democracy, rather than to provide a neutral descriptionof a social phenomenon for its intrinsic interest. Hence my methodologicaldeclaration, aiming to refrain from a judgmental or axiologically engagedapproach to the problems under consideration. In my analyses, I try to adopta distanced and neutral perspective, and to avoid making personal judgmentsor voicing expectations.
5
Civil dialogue in the European Union
While civil dialogue is firmly based in the treaty
regulations, it is relatively weak at the European institutional
level, which stems mainly from its optional status. A closer look
at the EU legislation reveals that although civil dialogue has
its place and plays a role both in the European law and in
administrative practice, its potential impact on the official
regulations drafted within the EU institutional framework is in
fact quite limited.5
The main difference between social dialogue and civil
dialogue lies in the fact that while the former involves some
institutionalised consultation procedures at the European level,
it would be quite difficult to point at such forms in the case of
the latter (Grosse, 2006: 109). Although civil dialogue
constitutes a notably weaker of the two platforms of social
consultation in the European Union, there are certain areas where
they clearly overlap and complement each other. Thus, it seems
reasonable to enquire to what extent they contribute to solving
the actual problems of social and economic policy (Grosse, 2006:
115).
5 As observed by Marek Rymsza, ‘… in the European Union, civil dialogue iscurrently being promoted as a mechanism of good governance. This, however, isin fact not so much about spreading the mechanism of participatory democracyas an ‘added value’ factor, but about limiting the extent of the ‘democraticdeficit’ in the decision-making structures of the Union, whose officials arenot elected. As well as this, the European administration (an emergent supra-national government), and thus the decision-making process itself, aresubject to very limited political control.’ (Rymsza, 2008: 8)
6
Civil dialogue has a growing role in the decision-making
process in the European Union. As a vital component of
participatory democracy, it is becoming an essential complement
of parliamentary democracy and social dialogue. This trend is
particularly important in the context of a crisis of traditional
forms of political involvement (such as voting in the elections,
political party and trade union membership) affecting countries
with a consolidated democratic system. It is more and more often
that the principles of participatory democracy seem to be
perceived as ‘an indispensable lifeline for democracy’ (Leś,
2003).
Social dialogue in the European Union is focused mainly on
the issues of labour market and industrial relations. However, at
the Community level the spectrum of social consultations is
expanding to engage a number of social and non-governmental
organisations apart from organisations of employers and trade
unions. This type of dialogue, referred to as civil dialogue, is
concerned with a broader scope of issues handled by European
institutions. One of its important dimensions involves
consultations with local councils and their organisations
(Grosse, 2006: 114).
Since the areas of social and civil dialogue overlap only to
some extent, the interpretation adopted by the European
Commission seems justified: particular issues are consulted
according to the level of their social impact. Although labour
relations have long remained within the scope of social dialogue,
7
civil organisations are expressing a growing interest in socio-
economic questions, an area of debate traditionally dominated by
employers, employees and the public administration. This process
can be attributed to an increasing popularity of ‘social
economy’, a view which does not restrict the aim of economic
activity to making a maximum profit but puts forward also some
other objectives related to social development in a broad sense
of the concept (Leś, 2003).
Considerable reservations about this form of consultation
stem from the fact that the EU practice does not include a
generally applied definition of civil dialogue or civil
organisations as participants of such a process. The problem lies
in the question how representative the non-governmental
institutions really are at the Community level, and how the
European Commission, which has considerable freedom in this
respect, handles the dialogue itself (Grosse, 2006: 115).
In view of a growing role of civil dialogue in a debate on
governance in general, and in the EU in particular, it is
puzzling that the European Union should have no commonly approved
definition of the process. Developed alongside social dialogue,
it refers to a broad range of interrelations between civil
society organisations and public institutions rather than to
clearly specified practices. As discussed by Jeremy Kendall
(2005), civil dialogue in the European Union relies on mutual
understanding and relations between the participants involved,
and thus goes beyond a simple exchange of information; its degree
8
of formality ranges from informal to legally recognised
structures; it is characterised by multi-level involvement on the
part of civil society organisations (from information transfer to
consultation and active participation); it is functional in the
following stages of the policy making process: agenda setting,
It goes without saying that civil dialogue is not in
opposition to social dialogue, and neither is it intended to
replace this form of consultation. Indeed, such an approach is a
shared view among various interest groups and the Brussels
administration. On the one hand, civil dialogue plays a
considerable role in spreading the popularity of the intentions
of the European Commission and can make an important contribution
to strengthening European identity among various social groups
(cf. Grosse, 2006: 115-16). On the other, its main weakness lies
in the limited potential to make a substantial contribution to
solving the actual problems of social and economic policy. When
it comes to dealing with the dilemmas of public policies where
conflicting social interests are involved, decision makers can
count on very little support from this process (Grosse, 2006:
117).
9
Although the role of civil dialogue in the European Union
came to be recognised relatively late, it does not change the
fact that both formal and informal consultations of this kind had
been running parallel to social dialogue and the activity of such
consultative bodies as the European Economic and Social Committee
(EESC), acting in an advisory capacity to the European Commission
and the European Parliament. The EESC is an intermediary between
organised civil society and the EU decision makers. The body
functions on the basis of the Treaty of Nice, which specifies
that ‘the Committee shall consist of representatives of the
various economic and social components of organised civil
society, and in particular representatives of producers, farmers,
carriers, workers, dealers, craftsmen, professional occupations,
consumers and the general interest.’6
Civil organisations have been given a right to express their
views and be consulted on documents relating to socio-economic
questions and the labour market as applicable in general
regulations, thus assuming a complementary function to the EESC
activity in its major advisory role.7 However, they are not
represented in bilateral or trilateral European institutions
dealing with industrial relations (Grosse, 2006: 116). As
interpreted by the EESC itself, this increases its responsibility
for ‘organising discussions between representatives of civil
society with different motivations and defending divergent
6 The Treaty of Nice, Article 257; the document was signed on 26 February 2001and came into force on 1 February 2003.
7 It should be stressed that in a number of cases the Committee opinion is amandatory requirement.
10
interests; and facilitating a structured and continuous dialogue
between the European organisations and networks of organised
civil society and the EU institutions.’8 Consequently, the
Committee facilitates dialogue within civil society itself and
dialogue between civil society and European institutions in four
different ways:
(1) Membership in Group III (Various Interests Group); along
with employers (Group I) and employees (Group II), the EESC
includes also 99 representatives of ‘other sections of civil
society’.9
(2) Participation in the EESC consultations, hearings and
conferences (working together with other institutions, especially
the European Commission, the EESC plays an increasingly important
role in organising consultations, conferences and hearings).10
8 See the European Economic and Social Committee, Opinion on therepresentativeness of European civil society organisations in civil dialogue,14 February 2006. The Protocol of Cooperation Between the European Commissionand the European Economic and Social Committee (November 2005) states that‘the Committee, as an institutional intermediary between civil society andthe institutions of the European Union, has a key role to play …’ As well asthis, the document declares that the European Commission ‘shall also supportthe Committee's commitment to the establishment over the long term of closer,structured dialogue with organised civil society, particularly by way of theLiaison Group that it has created.’ www.EKES.europa.eu/?i=portal.en.civil-society.
9 Such as ‘farmers’ organisations, small businesses, the crafts sector, theprofessions, social economy actors (mutualities, cooperatives, foundationsand non-profit associations), consumer organisations, environmentalorganisations, and associations representing the family, women’s and genderequality issues, youth, minority and underprivileged groups, persons withdisabilities, the voluntary sector and the medical, legal, scientific andacademic communities’. The list of EESC Group III members is available at www.esc.eu.int/sco/group/documents/list.doc.
10 Such as a Joint Hearing on the European Constitutional Treaty organised bythe EESC and the European Parliament (November 2004),http://www.eesc.europa.eu/?i=portal.en.press-releases.1671; the EESC
(3) Participation in the EESC study groups and sub-
committees set up to consider specific policy proposals and
projects.
(4) Participation in the Liaison Group (set up in 2004 to
interact between the EESC and ‘the representatives of the main
sectors of European organised civil society’).11
European institutions have cooperated with a considerable
number of consultation committees involving civil organisations
and other members. As declared in its 1990s official
communications, the European Commission recognised that apart
from expertise, participatory democracy was characterised by a
particular ‘added value’ factor. Most of these documents aimed to
Stakeholders’ Forum on ‘Bridging the gap’: How to bring Europe and itscitizens closer together?, organised in cooperation with the EuropeanCommission (November 2005),http://www.eesc.europa.eu/resources/docs/info_09_2005_en.pdf.
11 Mandate of the Liaison Group:1. Exchange of information and views on the respective work programmes andimportant events;2. Identifying themes on which cooperation would be appropriate and possible;3. Examining the feasibility of and practical arrangements for an increasedinvolvement of the networks in the EESC’s consultative work;4. Consultation or cooperation on preparations for certain hearings,seminars, conferences, etc.;5. Studying any other matters of common interest, e.g. in the context ofdialogue with the EU institutions, such as:· the role of organised civil society in the democratic life of the Union;· interpretation and implementation of Article I-47 of the draftconstitutional treaty on the principle of participatory democracy: how toput participatory democracy into practice and how to organise civildialogue;
· the representativeness of civil society organisations other than thesocial partners;· funding of NGOs.http://www.eesc.europa.eu/resources/docs/reunion_constitutive_en.pdf
determine the criteria of representativeness of organisations
involved in consultations with the Commission.12
Such recognition of the role and function of non-
governmental organisations (NGOs) in building the European social
order has led to a shift from the concept of ‘government’ to
‘governance’, an approach involving various social subjects in
the political process.13 A growing interest in the role of
organised civil society stems from appreciating the important
part it plays in the process of intensified European integration
and in overcoming the ‘democratic deficit’ (resulting from the
fact that the EU organs, apart from the European Parliament, do
not have a direct democratic mandate). Non-governmental
organisations are also supposed to bring the EU institutions and
citizens closer together and convince people that they can
influence the shape of public policies.
More and more EU institutions, mainly the European
Commission, are beginning to see non-governmental organisations
as valuable partners and participants of various consultations,
conferences or internet panels, and their opinions are treated as
an important element of public debate. Such organisations make it
possible for the EU organs to gain a better insight into12 See European Commission ‘An open and structured dialogue between theCommission and Special Interest Groups’, SEC 92 2272 final, EuropeanCommission ‘Communication on promoting the role of voluntary organisationsand foundations in Europe’, COM 97 241, European Commission Discussion Paper‘The Commission and Non Governmental Organisations: building a strongerpartnership’, COM 2000 11 final.
13 The term ‘governance’ became more widely used in the EU after the EuropeanCommission published its White Paper on European Governance (2001) setting anew formula of government aimed to bring Europe and its citizens closertogether.
13
attitudes and opinions of citizens on important social issues and
problems, especially those which have not been successfully
solved within the framework of member state policies (Groux,
2003: 70-4). In this way, the European Union is opening the space
of public debate, thus considerably enhancing the prospects for
greater democratisation and legitimisation of its community
policy. As well as this, such a process means implementing the
principles of public governance, a concept going back to the
1990s, when it was conceived as an instrument to tackle the
symptoms of a crisis stemming from the transformation of the
global economic order, and affecting both the individual member
states and the European Community as such (Fazi, Smith, 2006).
Social and civil dialogue in Poland
Social dialogue is a historically established, essential
form of contact between organised citizens and public
administration, with the principal objective being to secure
peaceful settlement of conflicts in the world of work. In the
course of time, the scope of dialogue evolved and expanded:
Social dialogue is a concept referring to the entire sphereof relations between trade unions and organisations ofemployers, a principle of democratic system, and a particularform of debating social interests. It involves socialpartners acting on the principle of equality of their statusand interests. Differences of opinion are overcome in theprocess of consultations, negotiations and mutual concessionswith a view to arriving at a social contract. In broaderterms, social dialogue refers to any form of communication
14
between different levels of public administration and socialpartners representing interests of various social groups in agiven administrative area, such as civil organisations,associations or protest groups. In this perspective, socialdialogue is an instrument of democratic governance and ameans to reach an agreement on objectives, instruments andstrategies of implementing public policies in a particularcommunity. Partners involved in social dialogue include:organs of local self-government, organs of professional self-government, trade unions, organisations of employers, as wellas other social organisations and representatives of tradesand professions. Their rights and obligations, role andposition in social dialogue are defined in applicable laws.14
Social and civil dialogue with its practice of social pacts
or agreements goes back to 1980. Later on, the Round Table
Agreement established a special body composed of representatives
of the government, trade unions and the remaining signatories to
monitor its implementation. However, the rapid pace of
transformation made the institution irrelevant, as the change of
the entire system could not be subject to negotiations with the
old groups of interest it sought to undermine. This, however,
brought accusations of top-down engineering of a new social order
(Gardawski, 2008: 25; Gąciarz and Pańków, 2001: 107). For this
reason, from their early days, civil and social dialogue have
been a part of a ‘bargaining democracy’, where the fate of the
majority is decided by a well-organised minority, and where the
key element is success-oriented activity in the political sphere
(Kaczocha, 2004: 32). Trade unions were recognised as partners
when, as a result of progressing privatisation, they agreed to
the so-called State Enterprise Pact, the only social pact in the
14 Website of the Ministry of Labour and Social Policy (May, 2010).
15
post-communist Poland. As decided, employees of privatised state-
owned enterprises were guaranteed a considerable proportion of
shares in the companies in return for their agreement to
privatisation. A subsequent ordinance of the Council of Ministers
established the Tripartite Commission for Social and Economic
Affairs (1994) to monitor the implementation of the pact.
This meant institutionalisation of social dialogue at the
national level. The commission brought together the signatories
of the Enterprise Pact: trade unions: Solidarity and the National
Alliance of Trade Unions (OPZZ), and the Confederation of Polish
Employers (KPP), an organisation of employers and managers of
state-owned and privatised enterprises. In the early period of
the Tripartite Commission, the trade unions, mainly Solidarity
and the OPZZ, were politically engaged on opposite sides,
supporting either the government or the opposition. As a result,
they were able to pursue their goals by relying on their alliance
with the government, without their actual involvement in the
Commission. Furthermore, the trade union currently in opposition
boycotted the activities of the institution, which meant that it
could not reach any agreement at all (Gardawski, 2008: 25-8;
2009: 137-44). Such tripartite dialogue neither legitimised the
government, nor increased the level of social consent to the
reforms, thus exposing the crucial weakness of social dialogue in
this institutional form.
A breakthrough came with the Act on the Tripartite
Commission for Social and Economic Affairs and the Regional
16
(voivodship) Commissions for Social Dialogue, which extended
social dialogue from the national to local level and set out
clear criteria of representativeness. The commission now included
also organisations of private employers: Business Centre Club
(BCC), Polish Confederation of Private Employers (PKPP)
‘Lewiatan’ and Polish Craft Association (ZRP), while on the
employee side it was joined by the Trade Union Forum (FZZ). As
expanded and redefined, the main objectives were to reach and
maintain social peace, pursue dialogue regarding the questions of
salaries and social welfare, and provide opinions on the state
budget.
Poland relies mainly on the model of tripartite social
dialogue, focused on representatives of trade unions and
employers, which has become an increasingly insufficient formula
to address a number of fundamental social problems. Since 2013,
following a decision of the Solidarity and OPZZ leaders to
suspend their participation in the Tripartite Commission, social
dialogue has been practically at a standstill. Consequently, some
authors perceive the growth of civil dialogue not only as a
positive factor, but as a necessity. Mounting challenges in
various areas of social life beyond the world of work require a
much broader framework of dialogue (Freiske, 2005: 42-8). There
are also arguments calling for expansion of dialogue to include
more areas of public life. It has also been noticed that the so-
far underestimated civil dialogue provides an opportunity to
foster various forms of social participation, from reaching
17
consensus and participation in public debate, to direct
involvement in administrative or political decisions.
In view of the fact that in Poland civil dialogue has not
been clearly defined, there are a number of perspectives in which
it is approached. In broad terms, it is seen as one of the main
forms of public discourse that relies on democratic principles in
the public sphere. The inclusive nature of such dialogue enables
citizens to become involved in public debate and makes it
possible for them to express their opinions on what they perceive
as important public issues. Thus, it provides an opportunity for
civil influence on the shape of the public sphere and on the
decision-making process.
Definitions of social dialogue make reference to the
principle of governance, focusing on its institutional character
(civil organisations and their networks, procedural framework),
participation in decision-making and citizens’ interests. They
place less emphasis on the role such dialogue plays in shaping
public opinion, in the consultation and negotiation process, and
in reaching agreement. Neither do they point out the ways in
which a compromise should be achieved. This lack of reflection on
ways of reaching a consensus, coupled with the fact that, as a
form of participatory democracy, civil dialogue does not
necessarily have to result in a compromise, may be among the
crucial, if little consciously realised, factors hindering the
successful development of civil dialogue in Poland.
18
The potential of Polish non-governmental organisations to
engage in civil dialogue depends on a number of factors, such as
the level of democracy, the development of the public sphere and,
most importantly, the overall condition of the third sector.
Poland is among the countries that have modern regulations in
this area, which are frequently modified to achieve better
results.
Potential of Polish non-governmental organisations to engage in
civil dialogue
It is worth remembering that the development of civil
dialogue over the last decade or so has contributed to a
consolidation of civic involvement in the European model of
public policy. Polish membership in the European Union has
determined a new pattern of such participation (in this case, of
civil dialogue), formed in the process of implementation of the
EU procedures. The question is how the third sector in Poland
adapts the European model of civil dialogue. Considering that the
institutional environment seems to provide a basis for the
development of the European model of governance, do the EU
principles consolidate the institutionalisation of civil dialogue
in the country?
Each country has its own, slightly different definition of a
‘non-governmental organisation’ and different models of
cooperation between the third sector and the public
19
administration. For example, in Britain the system is based on a
free-market competition for public benefit contracts among the
independent sector organisations (both non-profit and for-
profit). On the other hand, Germany has a corporative model based
on the principle of subsidiarity, in which the non-governmental
sector is favoured as a social services provider if public
expenditure is involved. As observed by Marek Rymsza, ‘a strong
point of the Polish model of cooperation between the public
administration and non-governmental organisations, as set by the
Public Benefit Activity and Volunteer Work Act, is that it
includes elements of these two different systems’ (Rymsza, 2007).
Although the non-governmental sector is a relatively favoured
social services provider, there is competition between the
organisations, and contracts can be awarded by tender if such a
procedure improves their effectiveness.
However, in spite of modern legal regulations, the non-
governmental sector in Poland is still relatively underdeveloped
when compared to western countries. Owing to difficulties in
applying standardised methodology, there are no current
comparative data on this question. However, as revealed by
reliable data published by the Johns Hopkins University, in 2002
Poland was almost at the bottom of European statistics of the
share of labour force employed by non-governmental organisations
(0.6%; the corresponding figure for the Czech Republic was 1.3%,
for Holland, Belgium and Ireland: 8-9%), (Salamon, Sokolowski,
List, 2003)
20
With about 60,000 active non-governmental organisations, the
Polish third sector is far less significant than in France, where
it has over a million associations with 20 million members and 15
million volunteers. Also, a number of umbrella organisations
existing at various levels make it a cohesive system. On the
other hand, in the context of Central and Eastern European
countries of the former Soviet bloc, until recently the Polish
NGO sector appeared as exceptionally strong, well-developed and
efficient, which seemed to indicate that is was going in the
right direction. However, in comparison with 2008, the situation
has deteriorated. Consequently, the Polish third sector does not
compare so favourably with other post-communist countries any
more, while the distance from the Western European levels remains
as far as before (NGO Sustainability Index, 2008).
The situation is similar when it comes to practical dialogue
with public administration. In most Western European countries,
NGOs are treated as partners and receive institutional support.
For example, French ministries have special departments
responsible for contacts with such organisations, and the
administration is engaged in regular consultations with them over
specific issues. In the Czech Republic, the government provides
institutional support and financial assistance both to national
organisations and to Czech think tanks operating as part of
foreign networks (Świeboda, Zerka, 2009: 15).
In general, since Polish NGOs are hardly visible on the
European scene (either as members of international alliances, or
21
representatives of interests), it is difficult to assess their
efficiency. Compared to their Western counterparts, they are
certainly far less active in this sphere and neither do they show
much interest in changing this situation. Underdevelopment of the
Polish third sector in comparison with the Western European
countries and its limited experience on the international level
make the position of Polish NGOs considerably weaker when it
comes to influencing the EU decision-making process.
Polish organisations are opening up to dialogue on the
European level quite slowly. Their predominant focus is home
issues, with the European perspective still remaining a new
approach, even though since 2004 decisions made in Brussels have
had a direct and ever increasing influence on the situation in
Poland. Thus, a visible intensification of their activity in this
area over the last few years, coupled with a general growth of
the third sector in Poland, should be interpreted as positive
symptoms. It is not only that more and more NGOs are becoming
interested in some involvement on the European level. Also, the
non-governmental sector is slowly consolidating, which enables it
to form nationwide platforms of cooperation that have European
involvement among their major aims and objectives (e.g. Grupa
Zagranica (Group for action abroad)), (Świeboda, Zerka, 2009:
52).
Another problem is posed by structural impediments affecting
Polish NGOs. Without access to stable funding from diversified
sources, they are usually unable to face the challenge of
22
involvement in the European debate. Also, a network of their
contacts in Brussels and their ability to grasp the complexity of
the EU decision-making process are rather limited. Thus, even if
they decide to act on the European level, they still have a lot
to learn before they become effective (Świeboda, Zerka, 2009:
52).
European activity of Polish NGOs is characterised by their
involvement in particular policy areas: the EU Eastern
neighbourhood, cooperation for development, and transformation.
Their presence is most easily noticed in the sphere relating to
the protection of some particular social groups, such as women
(Polish Federation for Women and Family Planning), or the LGBT
community (Campaign Against Homophobia). Think tanks (e.g. the
Institute for Public Affairs, Centre for International Relations,
demosEuropa-Centre for European Strategy, Batory Foundation) are
considered the most active Polish non-governmental organisations.
However, their involvement on the European level is not
particularly noticeable and is related to the prestige of their
leaders rather than to their strong position as organisations
(Świeboda, Zerka, 2009: 53).
Hurdles to dialogue on the European level
The development of dialogue on the European level is
hindered mainly by the shortage of funding and by financial
regulations preventing Polish organisations from long-term
23
planning and professional improvement (accounts have to be
settled within a period of one year). Since effective involvement
at the European level requires expenditures, this situation
perpetuates their weak position on the EU scene. Unlike Poland,
many EU member states provide support to their non-governmental
organisations, especially think tanks, as they are considered as
an element of public diplomacy (Świeboda, Zerka, 2009: 59).
Since Polish NGOs are not in a position to take part in the
main stream of European dialogue, they do not receive a stimulus
encouraging them to become involved. Underdevelopment of civil
society in Poland and the relatively recent accession to the EU
(2004) mean that they still have not acquired a significant
position and neither have they developed a network of contacts in
Brussels. Without any concessions made by the EU for Central
Eastern European countries, Polish NGOs have to compete on equal
terms with much better developed and connected organisations from
Western Europe, which have long been involved in the EU
structures (Świeboda, Zerka, 2009: 52).
Impact of European civil dialogue
The ideological impact of the EU in the sphere of civil
dialogue in Poland is, like other European institutions, subject
to a phenomenon referred to as ‘Europeanisation’. Civil dialogue
is ‘a particular case of promoting the idea of participatory, or
deliberative, democracy. What is at work here is the EU support
24
for the idea of civil dialogue and its development as an
institution in new member states’ (Gliński, 2009: 43). As an EU
member, Poland is obliged to implement civil dialogue as set out
by the EU directives. However, it is difficult to observe any
major social change that would involve adopting cultural patterns
of European democracy. While Polish society has accepted
subsidies, it has not, as yet, considerably increased its
awareness of civic and democratic culture (Gliński, 2009: 46).
While the EU model of civil dialogue enables non-
governmental organisations to become involved in the decision-
making process, at the same time it produces a risk of excessive
corporatisation of the third sector. A sustained, long-term
involvement of umbrella organisations in bureaucratised
negotiation and consultation procedures can transform them into
excessively sector-focused, technocratic bodies ready to make
compromises that would not be accepted or understood by public
opinion, and thus alienate them from their social base (Rymsza,
2008: 10).
As a tool of participatory democracy, civil dialogue runs
also other risks stemming from ‘Europeanisation’. One of them may
be a development of a particular type of formalised institutions
of civil dialogue allowing only umbrella or sector-focused
organisations to take part in the political process. This can
lead to unnecessary bureaucratisation of civil activity and a
gradual evolution of the non-governmental sector into an
25
oligarchy (Gliński 2002: 249; 2009: 44). Such tendencies are
exacerbated by phenomena which have become routine elements in
the process of European dialogue and hinder its efficient
progress.
Studies of civil dialogue in the European Union have
indicated a number of factors limiting the democratic nature of
the process. Apart from its institutional structure, some of them
are as follows: a lack of a stable and formalised structure of
dialogue; insufficient legitimacy (e.g. no selection procedures)
and transparency of membership; a lack of transparent criteria of
selecting non-governmental networks as stakeholders taking part
in hearings and consultations; a limited degree of formality and
transparency of dialogue (it is organised ad hoc and initiated by
civil organisations); an informal nature of contacts between the
EU officials and non-governmental organisations, often based on
personal acquaintance; an important role of informal groups as
the main information channel between the European Parliament and
civil society organisations; a limited level and variety of forms
of dialogue with the European Council; frequent informal contacts
through bilateral meetings of non-governmental organisations with
the European Commission officials. Such contacts are perceived as
a more direct, thus more efficient, channel of communication, but
it is open only to the most established networks (Fazi, Smith,
2006).
Apart from the factors mentioned above, the negative impact
of ‘Europeanisation’ can involve
26
… a multidimensional import of non-democratic institutions andlegislative regulations from the European Union to Poland. Ingeneral, the problem concerns institutions in which officials,‘unelected’ politicians (e.g. judges) or experts replacerepresentatives of society who have been democraticallyelected or appointed in democratic procedures. In the civilsector environment, the main result is excessivebureaucratisation of the procedures of allocating the EUfunds, with the administration playing the principal role as adecision-making authority; as well this, the institution ofcivil dialogue itself becomes bureaucratised.
(Gliński, 2009: 45)
It is also observed that:The mechanisms of ‘Europeanisation’ of post-communist
countries outlined above partly confirmed the apprehensionsconcerning export of the EU deficit of democracy to EasternEurope. One of the most prominent signs of this wasreinforcement of elite dominance and the dissemination ofsocial apathy in the public sphere. During the pre-accessionperiod the ‘EU effect’ reinforced the top-down nature of thetransformation, a process which had two different politicalconsequences. First, ‘Europeanisation’ mainly supported theautonomy of the executive and the administration (thegovernment, the experts, the officials) who played a key rolein the negotiations with the EU and gave them a moretechnocratic twist … . This specific shape of the politicalprocess weakened the other political actors, includingparliament and the nongovernmental organisations, whoparticipated in the process of adjustment to EU demands onlyto a limited extent. They also delegitimised it due tocorruption in the top echelons of the government, theinstitutions which decided how to use foreign assistanceprogrammes and also decided about the forms of transactions inwhich foreign investors participated (privatisation,networking in expert and decision-making communities withingovernment agencies, consulting firms, foreign financialinstitutions etc.). …
Second, development of new political solutions in Central-Eastern Europe coincided with institutionalisation of theinfluence of actors who were not elected in direct elections.… In Poland this can be seen in the exceptional role of the
27
media which are largely controlled by foreign capital and alsoin the significance of economic experts or NGOs who usuallyrefer to criteria and standards borrowed from internationalcapital markets, EU directives etc. in public debate.
(Jasiecki, 2008: 374-375)
It is highly doubtful that civil dialogue at the European
level has any impact on the general condition of civil dialogue
in Poland and it would be rather difficult to defend an argument
for… a considerable influence of European political culture withits new participatory style of governance on socio-politicalchanges in Poland, and particularly on changes of theenvironment in which the non-governmental sector functions.Firstly, it is difficult to make a firm conclusion that such anew style has actually been successfully implemented in theold EU member states. Secondly, institutional changes(inherently imperfect themselves) always demand a substantialperiod of time to acquire a new cultural content. … The systemof Polish political and administrative institutions, includingthe new ones directly involved with the process of‘Europeanisation’, has been very successful in its oppositionto the introduction of real changes. Instead of evolvingtowards European patterns, it generally adapts the logic of‘Europeanisation’ to its old ways and operating principles,which hinders the development of civil society in Poland.
(Gliński, 2009: 46-7)
Do Poles know how to debate?
Although the Polish mechanisms of civil dialogue are fully
operational, the parties involved in traditionally established
institutions of social dialogue often reduce it to a mere slogan
and perceive it as an empty façade of no practical impact. In
fact, political and non-governmental elites do not have suitable
28
expertise in, and experience of, the machinery of civil dialogue.
It seems that the government as the host party is to take most of
the blame for this situation. The elites are unable, or perhaps
also unwilling, to work out a coherent vision of the role that
dialogue is to play, which makes it chaotic and insignificant
(Schimanek, 2007: 44-52; 2008, 28-35). This superficial and
instrumental approach is coupled with highly insufficient and
inadequate legal regulations, often conditioned by political and
economic factors; as well as this, ethical guidelines for the
parties involved are not thoroughly observed. Indeed, the
regulatory framework both for the institutions of civil dialogue,
and for civil dialogue in the institutions of social dialogue, is
vague, imprecise and often unclear. Not only does this situation
considerably hinder the process itself, but also its status as
perceived by the government, social partners and public opinion.
Vague regulations are open to loose interpretations, sometimes
clearly contradicting the spirit, even if they adhere to the
letter, of the law, itself already blurred by the government.
Such shortcomings stem mainly from the lack of a clear vision of
how the institution of civil dialogue is to function in Poland
(Schimanek, 2007:50).
In practice, the role of civil dialogue in the
implementation of public policies is quite limited. It is an
inefficient instrument of public management from the point of
view of such factors as improving the efficiency of public
policy, the pace of legislative process, or expanding the scope
29
of public debate to include elements that social partners
perceive as important (Fałkowski, Grosse, Napiontek, 2006: 99).
As a result of the dominating role of inclusive social capital,
the superficial character of dialogue stimulates the development
of a network of informal contacts between the parties involved
(Putnam, 2009: 36). In its current state, dialogue still
considerably depends on personal motivation and commitment on the
part of administration officials and members of civil
organisations. As perceived by the participants involved, these
elements are both vital and morally right, even if they are not
in line with the officially approved procedures.15 A reaction
against excessive institutionalisation of the third sector and
the burden of bureaucracy, this phenomenon could be interpreted
also in terms of a mechanism of defence against dehumanisation of
their mutual relations (Schimanek, 2007: 44-52; 2008: 28-35). In
small communities, unofficial cooperation stems from personal
contacts between members of non-governmental organisations and
public administration officials. Although regarded as beneficial
for the cooperation itself, such relations are conducive to
unfair competition and malpractice (e.g. the results of open
15 Tomasz Schimanek comments on an alternative, as it were, non-institutionalplatform of civil dialogue: the meetings of the Parliamentary Committee forCooperation with Non-Governmental Organisations, initiated by the Speaker ofthe Polish Senate, and the head of the committee, Bogdan Borusewicz. In hisconclusion, the author observes that: ‘This dialogue under the auspices ofthe Speaker of the Senate, Bogdan Borusewicz, was very much needed and iscertainly worth continuing, even though it breaks generally establishedconventions and exceeds generally accepted definitions of civil dialogue,which is usually run by executive bodies.’ (Schimanek, 2007: 482). As can benoticed, such an assessment is contradictory: the author questions thevalidity of the criteria that he uses for his evaluation of civil dialogue.
30
public contests are often quite obvious long before they are
Consequently, what becomes consolidated is a peculiar negotiating
strategy borrowed from the world of political struggle and aimed
to discredit other partners involved. In this way, a conflict of
interests turns into a conflict of values. The main objective is
to exclude other parties from the public sphere and significantly
reduce their social role (Hausner, Marody, 2001: 114-44).
31
One of the factors hindering the course of dialogue is a
lack of rudimentary awareness of the forms and techniques of the
process, elements that often determine both the attitude of the
parties involved and the outcome of negotiations. The experience
of dialogue with public authorities is also quite limited
(Schimanek, 2007: 51-6; 2008: 36). Another problem is the fact
that civil dialogue, like social dialogue, is embedded in the
political sphere (Fałkowski, Grosse, Napiontek, 2006: 106).
Consequently, the institution of civil dialogue is used by the
administration to manipulate partners into legitimising
government decisions (Schimanek, 2007: 44-5). ‘Polish NGOs … feel
that their government “has no habit or tradition of working with
NGOs”’ (Fazi, Smith, 2006: 80). The same holds true for the local
administration. Also, very few organisations employ professional
specialists with expertise in the field of public policy making,
not to mention the fact that in Poland such specialists are few
and far between. Most NGOs are new structures with very limited
resources (or no resources at all), and thus they often find it
difficult to fully participate in consultations with the
government. A dominant feeling among them is that ‘since we have
existed there have been changes all the time in the government,
in policy … we have so much to do, so I guess we concentrate on
national issues, [but we do] try to use EU standards in lobbying
our own government’ (Fazi, Smith, 2006: 80).
Civil organisations do not receive adequate support from the
public administration, nor can they efficiently protect
32
themselves against manipulation. Owing to the fact that NGOs do
not have a balanced strategy which would enable them to formulate
their own standpoint independently, they either readily support
the government proposals, or treat them with suspicion and
distrust (Schimanek, 2007: 46). Insufficient experience in
communicating with the government administration makes them
liable to manipulation involving limited access to, or refusal
of, reliable information, which results in NGO activity being
blocked altogether. This situation is further aggravated by the
financial dependence of the third sector on government funding.
It seems that sometimes the government uses its relations with
NGOs to its own advantage, while the NGOs, having long experience
of being treated as weaker partners in their dealings with the
administration, tend to accept the fact. Under the circumstances,
they find it difficult to criticise or oppose the government
decisions (Schimanek, 2007: 46).
Both social and civil dialogue rely on a corporatist, or
neo-corporatist,16 model, conducive to articulating and defending
16 The Polish model of civil dialogue is sometimes characterised as neo-corporatist (Gardawski, 2009). It functions within the framework ofbargaining democracy, in which conflicts of interests between differentsocial groups are resolved by public authority. As viewed by Max Weber,representation by the agents of interest groups constitutes a specific typeof authority. Such representative bodies of interest groups aim to settledifferences through compromise. Today, this kind of pattern can be observedin the form of corporatism and neo-corporatism, which rely on intermediariesrepresenting interests of particular groups that have different roles ratherthan compete against one another. In democratic countries, interest groupsinfluence political decisions of the state and are involved in public policymaking. (Weber, 2002: 226). The questions of neo-corporatism and socialdialogue are often closely related. Solutions applied in neo-corporatism arean important element of social dialogue, which is a much broader institution.
33
narrow interests rather than to searching for a consensus
involving resignation from certain demands in the name of a
compromise for the sake of common good. In the case of civil
partners, the battle of interests takes on monstrous proportions
as a result of the already mentioned diversity of the non-
governmental sector and the weakness of representation
procedures. This situation is not peculiar to Poland, and similar
problems occur in many member states of the European Union and in
other countries where the corporatist model prevails. To a
greater or lesser extent, all those countries experience similar
difficulties concerning the legitimacy of representation,
protracted consultation processes, and the instrumental treatment
of the institutions of dialogue (Schimanek, 2007: 44-56; 2008:
28-34).
Both in the EU and in Poland the top level of civil dialogue
is marked by similar negative factors limiting the democratic
nature of the process, which, apart from its institutional
nature, include: a lack of a stable and (until recently)
formalised structure of dialogue; insufficient legitimacy of
civil organisations; a lack of transparent criteria of selecting
stakeholders taking part in hearings and consultations (which
generates problems with defining the criteria of
representativeness for non-governmental organisations involved in
consultations); a limited degree of formality and transparency of
dialogue; a practice of informal contacts between the EU
officials and non-governmental organisations (often based on
34
personal connections), which are perceived as a more efficient
channel of communication. These phenomena, which have become
routine elements in the process of European dialogue and hinder
its efficient progress, are present also in Polish civil
dialogue. As such, they are not inherently Polish
characteristics. Thus, the process of ‘Europeanisation’
understood as an import of the EU ideology involves also a
transfer of such undesirable features.
As it turns out from the above account of Polish dialogue,
Habermas’s theory of communicative action (Habermas, 2006) offers
a rather limited explanatory potential in this context. In his
framework, dialogue between public administration and
institutionalised civil organisations (trade unions and non-
governmental organisations) is approached as a conduit between
the ‘system’ and ‘lifeworld’ (Lebenswelt), and citizens rely on
civil dialogue to liberate themselves from the inner logic of the
administrative and economic system (which is in charge of the
medium of money and power). A confrontation of empirical findings
on civil dialogue in Poland with such theoretical assumptions
leads to a number of conclusions:
Polish civil dialogue does not aim to achieve a ‘rationally
mediated consensus’ and consequently it does not constitute
consensus-oriented action. While the objective of social
dialogue is to make social pacts, the key function of civil
dialogue is to take part in the decision-making process of
public authorities.
35
Polish civil dialogue is dominated by objective-oriented,
rational action aiming to achieve certain goals perceived in
terms of tasks to be accomplished – the type that Habermas
(1999) refers to as ‘strategic action’. In the course of
such action (involving both objects and people), individuals
and collectives are treated as objects of manipulation. The
process is predominantly success-oriented and the sphere
where it takes place is one of conflict. These findings are
confirmed by the practice of Polish civil dialogue, which
involves numerous conflicts, and displays an instrumental
approach to the principles of the process, frequent
manipulation, simulated action or bypassing official
procedures, often are not entirely clear. The parties
involved in the process resort to such measures with a view
to their own benefit. Thus, Polish civil dialogue is not
communicative action as understood by Habermas: it does not
democratically mould public opinion, which would shape the
limits of, or exchange between, communicatively structured
lifeworld and administrative system.
Polish civil dialogue is not the domain of public opinion
generated by a considerable number of various associations
‘essentially public’ in their structure and character (Cohen
Arato, 1997). Rather, the country is characterised by an
elitist model of the public sphere, excluding a number of
social categories from the dialogue. Thus, the goal
36
postulated by Habermas, i.e. the reintroduction of public
debate at all levels of society, has not been achieved.
Contrary to Habermas’s theory, civil dialogue does not
create a new model of social ethics which would enable a new
social order based on communication free from distortion or
political domination. Poland has not seen the emergence of a
dialogic space, open to all those capable of conducting
dialogue and acting within its framework (Cohen, 1995: 84).
The basis and principles of civil dialogue which enable the
participants to reach a consensus on shaping social norms
are not established in the course of dialogue. As a result
of breaking ethical standards by the parties involved in the
dialogue, normative content of social life cannot emerge.
Habermas views deliberation as a process involving open and
public debates conducted in good faith, free from coercion
and aiming to secure equal opportunities to be heard
(Habermas, 2005: 324-5). Polish civil dialogue cannot be
classified as an example of a deliberative model: it lacks
in transparency and is open to informal contacts between
administration officials and non-governmental organisations,
often based on personal connections.
As it turns out, Habermans’s model is not a normative theory
of the culture of dialogue between society and
administration and it does not enable a diagnosis of the
actual social reality. Polish civil dialogue is not the type
37
of action classified as communicative and neither is there
any evidence of the direction of its evolution.
It would seem that Habermas’s approach to the analysis of
social dialogue in general, and civil dialogue in particular, is
a case of emancipation potential of critical awareness leading to
sociological idealism (Gellner 1997: 85). As such, it assumes
that an idea and its constitutive framework of meaning is the
source of its own limitations. In this way, the concept of
emancipation of awareness involves a utopian motif typical of
false awareness. For the time being, however, there are no signs
of a new approach to replace the postmodern framework rooted in
Hegel’s philosophy.
Institutional solutions implemented in Poland, as well as
theories and methodological tools used in their description and
interpretation, are for the most part imitative. This leads to
the emergence of a hybrid conglomerate of institutional solutions
modelled on the pattern of the European Union member states. The
structure and the mode of operation of these institutions is then
analysed by borrowing theoretical approaches developed in the
European or American social context. As can be seen from the
above account, both social and civil dialogue are examples of
such solutions which do not produce expected results and their
inadequacy brings a prolonged institutional and intellectual
crisis. In this situation, the question is how to conceptualise
intellectual mechanisms of generating reality in a way which
would not undermine its socially accepted version, and at the
38
same time adjust it to fit better with people’s aspirations and
abilities. Is it the case that Polish socio-economic, political
and intellectual life is characterised by an incommensurability
of values, which produces a huge gap, manifested in the absence
of a common yardstick, a simple incomparability, an inability to
introduce order, a tragic conflict and a lack of a uniform
decision-making pattern? (Wojtczak 2010: 455).
Translated from Polish by Piotr Styk
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