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Europe and the “Principles” of Article 6

THE EUROPEAN Community was built by lawyers and economists, for lawyers and economists. “Integration through law” is a phrase which now enjoys a considerable familiarity. It is often suggested that the strength of the new European order has been secured by a solid jurisprudential foundation. But, if it is a primary source of strength, an over-reliance on law is likewise a critical source of weakness. The same conclusion applies to the economic foundation of the original Community. Certainly, the establishment of a common market in the middle of the twentieth century expressed a growing awareness that the new world order was a brutal and competitive one; one in which nation-states were no longer capable of existing in a state of economic autonomy.2 But, too great a reliance on the attractions of making money can all too easily detract from the need for the new Europe to offer something to more to its seemingly indifferent citizenry. In historigraphical terms, it is now generally recognised that the new Europe has moved on from its original legal and economic conception. It is now an overtly political institution. Of course, any community of nation-states which establishes a common legal order or a common market will project a political aspect. But, as the decades have progressed, it is now clearer than ever that the next step for Europe, the immediate challenge, is one of political determination. It is for this reason that Europe must address the need for a coherent public philosophy. For a political community to flourish, to engage and to maintain the affinity of its citizens, it must project a convincing and compelling public philosophy. It must stand for certain values, legal and economic certainly, but also moral, political, perhaps even spiritual. People will not enjoin crusades for purely legal principles, or purely economic ones, for legal rights or the rule of law, for the free movement of capital or services, or common currencies. What European citizens want are principles which sanctify their ability to work, to enjoy a standard of living. They care about respect and ideas of justice and community. They want these values to be protected by those who aspire to lead them. They want these values to be enshrined in the constitutions of communities in which they reside, national as well as European. The Treaty framework, so often seen to be the primary constitutional document of the Union, does make a number of rather haphazard statements which seem to