The Rule of Law is not simply a referee. It is not shorthand for ‘we must all play by the rules’, it is more important than that. Because the Rule of Law isn’t simply the presence of rules in our politics, but rather characterises the nature of those rules – or at least the standard those rules are supposed to aspire to. That is, to ensure fair government which aims to realise some conception of justice and prevent tyrannical rule.
We have our alternative articles of faith to inform the Union’s Reformation, however we have yet to consider concrete pillars to define its shape. It is to this I now turn.
In reality, treaties are international law. Treaties are drafted by ministers of state and diplomats and not by the people to which they will apply; it is the states rather than their citizens, who are the High Contracting Parties. The treaties lack the democratic legitimacy of constitutional law. By making the member-states the ‘Masters of the Treaties’, the people are explicitly cut out from the pouvoir constituant, having only an indirect influence over the treaties’ content.
‘Simultaneously resist hard Brexit and egotistic destructive nationalism, whilst not accepting total surrender to the status quo and trying to engineer a new majority in favour of EU membership with the objective of re-entering a radically transformed, democratic Union? And at the same time implement a domestic programme of redistribution, social democracy and justice in one of the most neoliberal states in Europe? Impossible.’
Like Tadeusz Rejtan, who desperately tried to halt the partition and disintegration of his country 1773, we must block the door of the room that is the European idea even as others begin to make their discreet or not so discreet exit. If we do not, then Europe’s slide will be unstoppable, and our great civilisation will pass to history.
We are at a crossroads in Europe; we have long since reached one of those decisive moments in history where we have to make decisions about the direction our societies are going to take, what are the forces which will be driving them and what will be the political context around them. Our commitment to a united Europe is chief among those questions. It is the defining political question of our time.
Yanis Varoufakis made his way to Britain recently as part of his tours of the continent, aiming to mobilise support for DiEM25 and its Progressive Agenda for Europe. During his visit over the weekend, Yanis and some other leading DiEMers hosted dicsussions in London. A lesser known event also took place earlier that Friday, as Yanis Varoufakis came to King’s College London and spoke to a room of over 200 students and staff to discuss Europe’s Crisis.
DiEM25 aims to act as the catalyst of the construction of a broad left coalition able to challenge the rising nationalism in Europe and confront their domination of the media and political landscape – something sorely needed here in Britain.
Europe has long been a discussion over a Europe of states and Europe of citizens. However the Europe we have today is neither. As Europeans, we will have to make a choice between the two before the forces unleashed by this Europe overwhelms us all.
Martin Schulz has proposed the conversion of the Commission in a ‘real European government’. An analysis and discussion of this proposal and its meaning for Europe.
In Search of Europa 