ELEMENTS OF A EUROPEAN CONSTITUTION

The necessary elements of a Constitution of "Europa", meaning a possible geopolitical order, different from the present order of nation states. The constitutional elements are derived from the nature of this 'Europa', and its necessary relation to the nation state. It is an alternative to the constitution written by the European Convention, which institutionalises the Europe of the Nation States. The incompatibility of the two - and there are more possible constitutions - indicates future violence. A political community can resolve differences peacefully, but who will decide which political community is formed? Hostile and irreconcilable values, and irreconcilable visions of the future, make a civil war in Europe almost inevitable.
There were several proposed constitutions for Europe, before the European constitutional treaty. It was signed in Rome in 2004, and it went to the member states for ratification. After France and the Netherlands rejected the treaty, the ratification proces has been suspended. The treaty was a difficult compromise, but the political elite of the EU will probably renegotiate it, in some form. They never considered any alternative constitutions, or any non-official vision of the future of Europe. They will not do that now either.

Tony Blair said, that the 2004 treaty was 'a constitution for a Europe of the Nation States' - and that is accurate. However, that is just one geopolitical model, among the different visions of Europe: Europe of the nations, Europe of the peoples, Europe of the regions, and more. The first purpose of a constitution for Europe, is to answer the question: Which Europe? One proposal is not enough. Different constitutions would reflect different visions of Europe, and the different European values. The question, in the end, will probably be decided by some form of civil war in Europe.

Constitution for what?

A constitution for Europe is therefore different from - for instance - a new constitution for Paraguay. Paraguay already is a fixed form of state - it is a nation state. Its relations to other nation states are fixed. In this case, a constitution only regulates the internal order of the state of Paraguay. That is not sufficient for a constitution of Europe.

The constitution for Europe should define first, the form of the future Europe, and second, its relation to the world order. The banal proposal of the European Convention assumes the existing order will continue. It assumes:

  • no single European entity
  • a union of nation states (mainly economic union)
  • the equivalence of the European Union with "Europe"
  • that Europe is a sub-division of the world order of nation states.
A constitution for a banal customs union is - inevitably - a banal document. A constitution for a state Europa is different. EUROPA is a state formed by the termination of the nation states, which previously occupied its territory. It is therefore - by principle - opposed to the nation state.

The constitution should first fix the form of state, in the negative: 'not a nation state'. Because it is not a nation state, it can abandon the typical claims made by nation states. The nation state claims to legitimately enforce internal uniformity. It cultivates a sense of community, and demands loyalty to the state and national identity. The constitution should establish the freedom to differentiate territory within the state Europa. The separation of territory should replace the separation of powers, as a general principle. The purpose of a non-national state is not 'harmony' or 'community'. It is possible to call this new form of state a meta-state, but specific names are not necessary.

A non-nation constitution

The constitution should state the rejection of the characteristics of the nation state. It must make no claim to an identity. In fact, it must reject the idea of fixing an identity for Europe. Implicitly, this is a rejection of the doctrines of nationalism and pan-nationalism. The constitution should explicitly reject these doctrines.

By choosing this form of state, obviously, the state Europa is in opposition to nation states in general. The constitution must therefore reject the concept of a world order of nation states. It must make explicit that there are now two kinds of state on the planet: nation states, and the state Europa.

Since the state Europa is in opposition to nation states, it can accept no obligations of nation states. The constitution should declare that treaties and laws, made by nation states, are invalid for the state Europa. That applies also to the nation states which preceded it. The constitution should explicitly reject the idea that it is a successor state. The state Europa is new, and has no precedents, or equivalents.

These are apparently technical provisions, but consider some of the consequences. The following treaties and treaty acts become invalid:

  • the Treaty of Paris (1783) which recognised the independence of the United States
  • the purchase from France (1803) of Louisiana and 12 other existing US states
  • the acquisition of Florida from Spain (1819)
  • the Alaska purchase (1867).
All aspects of the constitution derive from the state's nature. They also derive from its formation by termination of nation states. They are not sufficient in themselves. For instance, the constitution should also include reference to the termination process itself. It should refer to ideological opposition to its own existence. (This opposition is primarily from nationalism, but also from liberalism, proletarian internationalism, and other ideologies). It should include some explicit procedure for the exercise of territorial freedom.

Conflict of future constitutions

It should be obvious by now: your vision of Europe determines your preferred constitution. Probably, your political and social vision of the world determines your vision of Europe. In other words, the conflict between the different constitutions is "ideological". There is no neutral procedure to decide the issue. An assemblée constituante, like that which decided the first French Constitution, is impossible - and the European Convention certainly did not have that role. It is hypothetically possible that the existing situation in Europe continues for ever, but very improbable. At some time, the choice will have to be made between incompatible futures for Europe. That indicates, not discussion but military action, not an 'assemblée constituante', but a 'guerre constituante'.

Text of a Constitution of a state Europa

NATIONS AND PEOPLES

1. The nation state is abolished.

2. Peoples are abolished. Nations are abolished. National and ethnic identity is abolished

3. Nationalism is forbidden. Pan-nationalism is forbidden.

4. National symbols are to be destroyed, as far as possible. Public display of national flags is forbidden.

5. Europa is no part of a world order of nation states.

STATE AND GOVERNMENT

6. The authority of the state derives from its goals. The goal of Europa is change.

7. Neither human happiness nor its opposite are goals of state.

8. State and population are separate.

9. No person shall be compelled to join a political community against their will. No implied social contract is valid.

10. The ending of injustice may not be limited by rights. Torture is forbidden.

11. The state fixes the separation of powers, if any.

12. Monarchy is abolished. Aristocracy is abolished. Church power is abolished.

13. No person shall compel another to comply with a religious principle. Religious parties are forbidden.

PAST AND IDENTITY

14. Tradition is abolished.

15. The cultural heritage of the nation states is to be destroyed. There is no obligation to protect memory.

16. Europa is not the heritage or continuation of the past.

17. Europa has no identity. Europa constructs no identity. Europa builds no monuments.

18. The flag of Europa is a circle of twelve gold stars on blue. Midsummer night celebrates Europa. There are no other symbols or ceremonies of Europa. Pompous ceremonies are forbidden.

ECONOMY

19. No person shall be forced to participate in a market economy against their will.

ZONES

20. If it promotes change, autonomous zones of change may be established.

21. If it promotes change elsewhere, autonomous conservative zones may be established.

22. The primary purpose of any vote is to indicate a pattern of autonomous zones.

23. An autonomous zone may be a state.

24. If a zone re-establishes a nation, or builds a new nation, its autonomy ceases.

TRANSITIONAL PROVISIONS

25. All elected assemblies are dissolved.

26. No law or treaty made by a nation state binds Europa. Europa is not a successor state to any state.

27. The United Nations, being an organisation of nation states, is requested to dissolve itself.

28. A declaration of war by the United Nations is equivalent to a declaration of war by every member state. Military intervention is equivalent to a declaration of war.

29. Oaths of loyalty to nation states are invalid.