I. INTRODUCCION A LA NOCION DE CONTRATACIÓN PÚBLICA Y SUS PRINCIPIOS GENERALES.
1.5. El principio de proporcionalidad como clave para las compras públicas
The systemic divide of the Cold War era still weighs heavily across the lands of the Black Sea in the area of democracy and good governance. As a result, it is politically heterogeneous and home to many different legacies. The state of democracy varies between the fully fledged and various forms of semi- authoritarian rule. The relative weakness of democratic institutions across the region can be explained by the limited history of democracy in the post-communist states, the absence in communist times of meaningful dissident movements, in contrast to the countries of central Europe, and the fact that citizens have little experience in exercising their political rights. Even the more mature, consolidated democracies of the region occasionally go through difficult periods of political readjustment. The revolutionary zeal of the “Orange” and “Rose” revolutions in Ukraine and Georgia have petered out with unfulfilled dreams of democratisation across the region and sharp criticism from Russia regarding western-led notions of “democracy promotion” as opposed to its own brand of “managed” or top-down democracy. The 2010 presidential elections in Ukraine are indicative of the need to promote a new discourse on democratisation.
The legacies of the past in the vast majority of the countries of the region imply a particular set of problems to overcome with regard to democracy. This is particularly the case for the four “small” states of the region – Armenia, Azerbaijan, Georgia and Moldova. They have had to grapple not only with the question of how to develop into democracies and market economies but also with how to manage their difficult state and nation-building processes. The various unsettled disputes and protracted conflicts, (Transnistria, Nagorno-Karabakh, Abkhazia and South Ossetia,) attest to the difficulties they face. On the other hand, the evolution of the political system in Russia over the last decade has been characterised by an increasing recentralisation of political and economic power which paradoxically, albeit controversially and not without costs, may have prevented the country from experiencing further disintegration and brought about greater political and social stability. In the case of Ukraine, its transformation has been largely determined by the struggle between members of the old nomenklatura who kept their positions in the state administration and the economy and the rise of new elite groups seeking to challenge their power.
The Black Sea region can be characterised by a series of challenges which compound the process of political transformation. With the exception of Greece and Turkey, democracy in the region is affected by the communist heritage where members of the old nomenklatura still exert significant political and economic power. The experience of organising effective party structures, formulating adequate electoral platforms and the art of political compromise is lacking. Most of the states of the
Democratic Institutions and Good Governance
The quality of democratic institutions is often questionable and horizontal and vertical accountability remains the principal challenge in the context of weak institutions, the widespread abuse of power, corruption and governmental control of the media. Developing democracies with these features are in constant danger of being captured by formal or informal interest groups without being adequately able to react to external shocks. They are thus in danger of falling into a perpetual state of instability. The challenges faced in these circumstances are pervasive. They concern elections, the quality of political parties and the proper functioning of national parliaments with requisite roles for both governments and oppositions. Accountable and transparent decision- making processes where good governance is the rule of thumb are also brought into question as are independent, impartial, efficient and effective judiciaries. Likewise an independent media free of intimidation, the need for vigorous civil society organisations and the influence of interest groups are issues of concern. All of these, to varying degrees, are problematic in all Black Sea states. The other particular feature of the region which can affect democratisation is the persistence of minority problems in most countries. By contrast, the emergence of a new generation of western educated technocrats in the political arena in some countries is a positive development. Nevertheless, the evidence suggests that the overwhelming number of issues linked to political transformation processes is resulting in growing voter discontent and distrust in the performance of their democracies. Also of concern is the growing inequality between rich and poor. Mounting welfare and income disparities discredit the transformation to democracy and market economies in the sense that they seem to favour the lot of political and economic elites instead of the nation as a whole. The current global economic crisis has only served to exacerbate this feeling of inequality thus undermining yet further the credibility of democratic values and stable good governance. The rise of nationalism and populism in Europe and the Black Sea region are also damaging the standing of democracy.
Other related dimensions are the role and impact of stakeholders such as the EU, the United States and international organisations such as the OSCE and the Council of Europe, all of which are champions of democratisation. Their influence to date has been weak and patchy as, in certain places, it clashes directly with Russia’s perception that it holds a droit de regard over its wider neighbourhood.
In the longer run, to minimise divisions both within states and between them, it is necessary for all of the countries of the region to embrace all aspects of good governance, such as participatory democracy, the rule of law, transparency, accountability and efficiency.