IDEAS home Printed from https://ideas.repec.org/p/erp/euilaw/p0030.html
   My bibliography  Save this paper

Working through Bitter Experiences towards Constitutionalisation ; Are those that forget the past doomed to repeat its mistakes?

Author

Listed:
  • Christian Joerges; Dario Castiglione

Abstract

The defeat European constitutionalism has experienced in the French and the Dutch referendum has many reasons. The deficiency this contribution addresses is the lack of sensitivity for the historical dimensions of the integration project in general and the darker legacies of law in particular. Three exploratory steps are undertaken: (1) The first deals with the diversity of European pasts. It is submitted that European constitutionalism must respect this diversity and promote toleration rather than homogeneity. (2) The second discusses the presence of European pasts in two fields. One is the controversy over social Europe which is traced back to divergent national histories, memories and anxieties. The other concerns the search for a European identity and citizenship. (3) The reluctance of Europeans to confront the darker side of their pasts, including the failures and fragility of law and legal institutions, has many good and bad reasons. We risk getting involved in a bitter politicisation of our memories. The contest over memories seems, however, not only unavoidable; it might become a constructive exercise. The search for a new future in post war Europe was a response to the atrocities of the Nazi period. That legacy is still alive and can be revitalized. The readiness to face Europe’s past can be understood as a European vocation which may provide the integration project with an unheard of specific legitimacy. In his comment Dario Castiglione discusses Christian Joerges’s ideas of deliberative supranationalism and of the ‘conflict of disciplines’; and suggests that his analysis of the relevance of the past can be extended by distinguishing between three different modes in which the past can be used: as present in the modern predicament; as a form of public discourse; and as a way of shaping and confronting one’s own identity.

Suggested Citation

  • Christian Joerges; Dario Castiglione, 2005. "Working through Bitter Experiences towards Constitutionalisation ; Are those that forget the past doomed to repeat its mistakes?," EUI-LAW Working Papers 14, European University Institute (EUI), Department of Law.
  • Handle: RePEc:erp:euilaw:p0030
    as

    Download full text from publisher

    File URL: http://www.eui.eu/ERPA/LAW/../../PUB/LawWPs/law2005-14.pdf
    File Function: Full text
    Download Restriction: no

    More about this item

    Keywords

    European Convention; treaty reform;

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:euilaw:p0030. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten). General contact details of provider: http://www.eui.eu/LAW/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.