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A concrete case of expression of the general will

In Greece, article 44 paragraph 2 of the 1975 Constitution, as modified by the constitutional amendments of 1986 and 2008, allows the President of the Republic to call a referendum in either of two instances: either ‘on crucial national issues’ if supported by an absolute majority of the legislature on the proposal of the government; or ‘on already voted bills which regulate crucial social issues’ if supported by three fifths of the absolute number of MPs. On July 5th 2015 this provision was used for the first time, so the territory is uncharted in terms of precedent that would allow one to interpret this and other related provisions on the basis of previous interpretations.

The executive brought its proposal for a referendum ‘on a crucial national issue’ to discussion in parliament on June 27.

The question that was referred back to the Greek people was the following: ‘Should the agreement plan submitted by the European Commission, the European Central Bank and the International Monetary Fund to the Eurogroup of 25 June 2015, and comprised of two parts which make up their joint proposal, be accepted?’ The question was followed by the titles of the two documents comprising the agreement plan: ‘The first document is titled ‘Reforms for the Completion of the Current Program and Beyond’ and the second ‘Preliminary Debt Sustainability Analysis’. This was the specific question that the Greek people had to respond to.

But behind the ‘yes’ or ‘no’ to the troika’s proposal there was a multiplicity of questions, rendering the content of the answer a relative one. In fact, the parliamentary debate of June 27th, on the executive’s proposal for a referendum, focused on the content of the question asked.

Syriza’s, i.e. the governing party’s, MPs focused their interventions on clarifying that the question is: ‘not about ‘Euro or not’, ‘remaining in Europe or not’. We want to remain in Europe, but in a social Europe, a Europe of democracy. And we do not want the Europe of Neoliberalism and austerity’ (Katrougkalos, 2015, p. 3832). So, if one were to categorise this interpretation of the question ‘yes or no to the troika’s proposals’, he would conclude that its main tenets are ‘yes to Europe’, ‘yes to the Euro’, ‘no to Europe-as-it-is’, i.e. ‘no to austerity’27.

On the other hand, the interventions of the MPs of the opposing parties focused on the falseness of the question, asking why the government did not refer its own proposals for agreement with the troika to the people, and suggesting different interpretations of the ‘real content’ of the

27 A constitutionally problematic aspect with this interpretation is that the question is reduced to a question on fiscal issues, which would, in cases falling under the second kind of referendum provided by the Greek constitution, be unconstitutional. The ratio behind this is that asking the people for more or less austerity would be self-defeating the purpose of the referendum.

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question. In particular, MPs of the parties of the former coalition government concentrated their criticisms on the falseness of the question: ‘The question is false. You do not have the courage to pose it together with the government’s proposals. It is false; because who wants taxes, who wants to lose rights (Venizelos, 2015, p. 3826)?’ Similarly: ‘The government tries to take advantage of the people’s discontent towards the unpleasant measures it has agreed upon [...].Why don’t they bring their own proposals, to see if the people want them or not (Fortsakis, 2015, p. 3827)?’

Furthermore, a multiplicity of ‘yes’ and ‘no’s is put forth as underlying the ‘yes or no to the troika’s proposals’. Indicatively: ‘For today the real question of the referendum is not the one that the government misleadingly poses, but the true one, i.e. ‘Euro and Europe or drachma and banana-republic?’ The question for the Greek people [...] is whether they want to stay in the safe haven of Europe, their home, or whether they want to roam in unknown paths and try alternative solutions which are offered thoughtlessly, without ever becoming concrete’ (Lykoudis, 2015, p.

3841). In a similar manner: ‘The referendum in reality is a referendum for ‘yes’ or ‘no’ to the Euro. You hesitate to say it, but this is the additional legitimation sought from the Greek people’

(Mitsotakis, 2015, p. 3894). Additionally: ‘The referendum, beside the question ‘yes or no to Europe’, implies another question: ‘yes or no to the government’ (Voridis, 2015, p. 3836).

A structural argument can be raised on the basis of the observation of the leitmotivs of the parliamentary debate. First of all, the debate in parliament focused on ‘unearthing’ the real question behind the ‘false’ one posed by the executive. This resulted in a multiplicity of interpretations. The ‘yes or no to the proposals’ was interpreted as ‘yes or no to the Euro’, ‘yes or no to the EU’ and ‘yes or no to the current Greek government’. The diverse interpretations of the question would lead to an even more diverse set of possible answers: ‘yes’ to the EU, ‘yes’ to the Eurozone, ‘no’ to austerity, for those individuals who disagreed with austerity policies but believed that the Eurozone could be reformed; ‘no’ to the EU, ‘no’ to the Euro, ‘no’ to austerity, for those who locate the problem in the structure of the EU itself; ‘yes’ to the EU, ‘no’ to the Euro, ‘no’ to austerity, for those who believe the single currency is problematic but are not against European integration; ‘yes’ to the EU, ‘yes’ to the Euro, ‘yes’ to further reforms, ‘no’ to the current government, for those supporting the austerity policies and opposing the government’s declarations on policies tending to social justice.

What is more important is the objective effect this diversification has on the expression of the

‘general will’ on the issue of the referendum. The multiplicity of questions and answers shows the general will as a multiplicity of individual wills. The multiple interpretations (based on different narratives), enabled by the posing of the question, reveal the general will as a summation of private individual wills and opinions. This privatisation of the general will

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exacerbates the utter dependence and furthers the distantiation of rulers and ruled, as the general will becomes the expression of the ‘free’ will of isolated individuals. Moreover, the ‘free’ nature of the will is itself challenged as the will expressed is formed within a disorienting context set by a question which is polarising and simultaneously obfuscating the internal differentiations of a

‘no’ vote.

In particular, despite the multiplicity of interpretations available by the way the question is posed, a ‘no’ vote, can mean nothing more but the rejection of the proposals of the troika. In this the governing party and the opposition parties are in agreement. There is no question of Greece’s place in the Eurozone or the EU. In the words of the minister: ‘Of course the big question is not if we stay or not in Europe. Of course we will stay. Why do they try to confuse the people? Who said that we do not want to stay in Europe or that we will not stay? [...] Who said that there is a question of ‘Euro or drachma’ (Katrougkalos, 2015, p. 3833)? In that manner the interpretation of a ‘no’ vote by the ruler is predetermined by the way the question is posed, and the government acts as the Katechon, holding back the Apocalypse, which would ensue an exit from the EU, by holding back what would be the real ‘crucial national issue’ for the people to decide.

This conclusion is further strengthened by the refusal of the executive to reformulate the question even though the debate in Parliament, as was shown above, focused on the issue of the question and this is provided for by the Standing Order of the Hellenic Parliament. In fact, Art. 115, paragraph 4, states: ‘The vote for the acceptance or not of the Cabinet’s proposal is by name and on the text of the proposal as submitted or formulated during the discussion in Parliament’. The term ‘formulated during the discussion’ points towards the Parliament’s power in re-formulating the question posed by the executive, and consequently ameliorating the distance between rulers and ruled, between the executive and the people.

During the debate in Parliament and on the basis of the above provision there was a formal motion put forth by the several members of Parliament asking for the reformulation of the question to include two issues: on the one hand, the acceptance or rejection of both the proposals of the troika and the proposals of the Greek government during the negotiations for a new agreement; on the other hand, the issue of disengagement from the EU itself and the abolition of the Memoranda and the laws implementing them. The government in refusing to discuss the reformulation of the question, even though the debate centred on this issue, answered the question: ‘quis judicabit?’ Who will interpret? Who will decide? Who is the sovereign?

These questions, in the work of Carl Schmitt, have been associated with the figure of the Katechon. The Katechon appears in Schmitt’s ‘Political Theology II’ and his ‘Nomos of the

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Earth’ and is another secularised theological concept. In the theological discourse it appears in St.

Pauls Second Epistle to the Thessalonians to denote the figure that holds back the Apocalypse. In an analogous manner, Schmitt uses this figure to highlight the opposition between nomos and anomie, state and order versus absolute chaos. The Katechon is the sovereign figure who has an invested interest in the reproduction of a regime of order, and is, therefore, an essential figure in answering the question ‘quis judicabit’ in Schmitt’s politico-theological context.

Analogously, in the case of the Greek referendum, one could argue that the executive acted as the sovereign, as the Katechon, who in never contesting Greece’s place in the EU or the Euro, held back the apocalypse. This role was in fact the one assumed by the executive as manifested in the common statement of the leaders of parliamentary parties the day following the referendum. In the announcement of the President of the Hellenic Republic of 6th of July 2015, the leaders of all parliamentary parties interpreted the general will thus: ‘The recent verdict of the Greek People does not constitute a mandate for rupture, but for the continuation and the intensification of the effort to achieve a socially just and economically sustainable agreement’.

As we saw above, there were multiple interpretations of the question based on multiple narratives. Each individual voter chooses the one he considers dominant and answers the question of the ballot based on this. This necessarily entails the individualisation of the ‘general’ will.

Because of this fragmentation there can be no general will. This also explains the outcome of the referendum, and the turning of the ‘no’ vote into an agreement with worse measures than the ones rejected by the ‘people’. This was not the result of ‘capitulation’ or ‘betrayal’, but a direct outcome of the way the question was posed. The 61% of votes rejecting the proposals of the troika was in reality a summation of ‘individual wills’ answering different questions. The polarising effect of the referendum cancelled the internal differentiation of a ‘no’ vote. A wide percentage among those who voted ‘no’ interpreted the question as a possibility of rupture with the EU. After all this interpretation was promoted by the ‘yes’ campaign, too.