Constitutionalism in the European Union and the constitutional interaction between the West and East of Europe An historical evaluation and some reflections by Prof. P. Graglia

The difficult path towards a “political” constitution for what we used to call “Europe” Different historical contexts along the long period 1945-2000 Therefore different perceptions of fundamental elements in the game: societal forces, national institutions, state sovereignties, even civil rights and values like participation, commitment. In discussion are NOT the fundamental values of democratic liberalism, BUT interpretations, symbols, perceptions applied to them.

1953 – European Political Community (prepared and expressely voted by the Assembly ad hoc, approved by the six governments of ESCC/EDC, stopped by the missed ratification of the EDC Treaty – Italy and France refused to ratify for different reasons) - FAILED 1980-1984 - “Spinelli project” prepared by the first elected European Parliament with full legitimation (prepared and voted by the European Parliament, submitted to the twelve governments and, by them, transformed in a set of proposals used in defining the European single act – Dooge Committee) – Spinelli project FAILED, Single Act SUCCESSFUL

2001-2004 - European Convention on the future of Europe Discussed by a large group of political representatives, both from the member states and from the countries candidates, it produced the best text available in that moment, on the eve of the great enlargement towards East. The French and Dutch missed ratifications stopped the process and, as we say in Italy, throw out the baby with the bathwater. Anyway, this is history: but this has been the only significant moment during which two different worlds met on the crucial point: how to design and intend a “constitutional process” in “Europe”.

Today there is the possibility – not existing twenty years ago – to reflect upon a vast set of different problems, in particular when considering the relations existing between the notion of “civil society” and the role of democratic institution and state framework, and different perceptions in Eastern Europe and Western Europe. Risking to simplifying consider this table, prepared by Juan J. Linz and Alfred Stepan, applied to the case of Poland with a comparison between the internal political struggle during and after Solidarnosc experience and an ideal democratic and mature society.

Values and attitudes Opposing ethical civil society Political society in a consolidated democracy Basis for any action Truth ethics Interests Actors Ethical Nation Groups Attitude towards “internal differences” Seen with annoyance Accepted as normal Attitude towards “internal conflicts” in the democratic community Attempts to reduce/eliminate them Attempts to organize them, aggregate them and give them a representation Attitude towards compromise Negative Positive Attitude towards «anti-politics» Attitude towards the State Necessary to operate outside it Try to direct it

Any attempt to reflect upon another “Constitution” or contitutional process for the European Union today, should start from a precise cognition of the different role of what we currently define the actors of “multilevel governance”; avoiding any sense of primate of an experience over the other, but reflecting upon the simple fact that “sovereignty”, “civil society”, “citizenship” are terms felt in different ways in different historical realities. Even today and, may be, mainly today.