Two news stories today vividly illustrate the stark differences between the state of democracy in the United States versus the European Union.

On the US side, the New York Times has a story on the new level of dysfunction in the House of Representatives. In 2023 it has taken 724 votes, with only 27 laws enacted.  Many of the successful votes were either minimally necessary for continued functioning of government, like the debt ceiling, or very minor, like the naming of a clinic in New Mexico.   

By contrast, today the EU announced a pact between the European Parliament and Council (its two legislative bodies) on comprehensive immigration legislation, a subject that has defied any legislative action in the US for decades despite it being a critical issue that screams for a solution.

The differences between the US and the EU are even more pronounced if one considers the impressive legislative achievements of the EU in recent years.  In addition to the immigration legislation, agreement also was reached on the AI Act, another thorny and complicate subject.  And the Digital Services Act, a comprehensive regulation of Big Tech and Social Network companies, was passed earlier this year. 

In 2018, the EU enacted the General Data Protection Regulation. In 2019 it enacted major changes to copyright law in its Directive on copyright and related rights in the Digital Single Market.  It also has enacted major legislation to assist Ukraine and punish Russia in response to the ongoing war.  In 2021, it enacted the European Climate Law, another subject on which consensus in the US Congress has been elusive.

In the US, it is widely known that the political process is in gridlock, especially after the Republicans took control of the House in early 2023.  In fact, the US Congress has been preoccupied with its self-created drama on significant issues that used to be routine, like raising the debt limit to avoid default on the national debt and funding continued operations of day-to-day government.

It is interesting to ponder what may account for such a stark difference in the functionality of government.  One would think that the EU system would be less cohesive given the wider disparity of cultures, languages, history, and politics among its 27 member states.  It is quite remarkable that the EU has been so successful in enacting significant laws despite such differences.

One factor may be that US’s  two-party system has led to increasing polarization, while Europe’s tradition of multiple parties lends itself to coalition building.

Another factor is availability of the filibuster which allows the minority to block legislation in the US Senate.  This has no parallel in the EU legislative process.  Instances in the last 10 years where the filibuster has foiled legislation are too numerous to count.

It’s also possible that Europeans are more tolerant of regulations than are Americans.  There is not the same history of libertarianism and hostility toward government in Europe, although such sentiments may be increasing. The backlash to perceived overregulation may have factored into the UK’s vote on Brexit.  It has often been posited that Americans prefer divided government, so the current state of gridlock may be what the people want.

The EU also has a significant institution that has no equivalent in the US.  The European Council (not to be confused with the Council of Ministers), consists of the heads of state of all of the EU’s member states.  It sets the general direction for the EU, and requires a unanimous vote to take action. 

There reportedly is a lot of horse-trading and arm-twisting that occurs in the Council's meetings - which are not open - but unanimity seems to occur quite frequently.

If legislative action is endorsed by the Council, it makes it easier for the legislative institutions (Parliament and Council of Ministers) to take action, and makes it harder for those institutions to simply ignore an area of concern.

 If you are an American who believes that government should address some of the big issues of the day – immigration, climate change, Internet regulation – then you would say that the EU’s recent legislative achievements would be something to envy and emulate where possible.  If you believe that the federal government does more harm than good, and that you are better off with government inaction, then you should be satisfied with the current level of gridlock in Washington, and its failure to solve many of the important problems we are facing.