Why Europe Needs A Constituion

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WHY EUROPE NEEDS A CONSTITUTION

There is a remarkable contrast between the expectations and demands of those who pushed for European unification immediately after World War II, and those who contemplate the continuation of this project today—at the very least, a striking difference in rhetoric and ostensible aim. While the first-generation advocates of European integration did not hesitate to speak of the project they had in mind as a ‘United States of Europe’, evoking the example of the USA, current discussion has moved away from the model of a federal state, avoiding even the term ‘federation’. [1] Larry Siedentop’s recent book Democracy in Europe expresses a more cautious mood: as he puts it, ‘a great constitutional debate need not involve a prior commitment to federalism as the most desirable outcome in Europe. It may reveal that Europe is in the process of inventing a new political form, something more than a confederation but less than a federation—an association of sovereign states which pool their sovereignty only in very restricted areas to varying degrees, an association which does not seek to have the coercive power to act directly on individuals in the fashion of nation states.’ [2] Does this shift in climate reflect a sound realism, born of a learning-process of over four decades, or is it rather the sign of a mood of hesitancy, if not outright defeatism?
Siedentop misses the mark when he complains of the lack of any profound or inspired constitutional debate on the fate of Europe, capable of seizing the imagination of its peoples. For our situation today is not comparable to that of either the Federalists or the delegates to the Assemblée Nationale. At the end of the eighteenth century, in Philadelphia and Paris, the Founding Fathers and the French Revolutionaries were engaged in an extraordinary undertaking, without historical precedent. More than two hundred years later, we are not merely heirs t...