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‘Sediments of time’ is a reference, like its geological paradigm, to several layers of time of varying duration and different origins, which are nevertheless present and operating simultaneously. It also presents a concept that covers the simultaneity of the nonsimultaneous, one of the most revealing of historical phenomena. […] All conflicts, compromises and efforts to build consensus can theoretically be traced back to temporal tensions and fault lines – there is no escaping the spatial metaphors – that have been preserved in diverse sediments of time and can be released from them.
Reinhart Koselleck
What have our legislators gained by culling out a hundred thousand particular cases, and by applying to these a hundred thousand laws? This number holds no manner of proportion with the infinite diversity of human actions; the multiplication of our inventions will never arrive at the variety of examples; add to these a hundred times as many more, it will still not happen that, of events to come, there shall one be found that, in this vast number of millions of events so chosen and recorded, shall so tally with any other one, and be so exactly coupled and matched with it that there will not remain some circumstance and diversity which will require a diverse judgement.
Michel de Montaigne
Let justice be done, though the world perish.
Martin Luther
The irony of history
In all the thrilling acceleration of the present, it is wise to keep slower things in mind: the heritage of the past, the centuries-old interplay between states and peoples, the long-term nature of identities. A historical outlook turns the Union into the totality of individual and collective answers by the member states to questions asked again and again by time. The Union’s haphazard tangle then appears not as the result of political stupidity or bureaucratic short-sightedness (although these sometimes make things worse) but as the repercussion of Europe’s rich and divisive history – all those clashes of states and peoples between the Atlantic and the Urals that will always require relationships with each other and with the world. There is some comfort in this realization.
Since by his own act the innovator inhabits a delegitimized context, where fortuna rules and human behavior is not to be relied on, he is obliged to take the short view and continue to act – and in that sense, to innovate. In a very precise sense, then, action is virtù; when the world is unstabilized and the unexpected a constant threat, to act – to do things not contained within the structures of legitimacy – was to impose form upon fortuna.
J. G. A. Pocock
Doing nothing was not an option. Wars and calamities were ravaging the Italian peninsula. The invasion by the French king in 1494 had upset the balance of power between the Italian states. Niccolò Machiavelli, a senior civil servant in the Florentine Republic in the Renaissance years 1498–1512, writes of “the great changes in affairs which have been seen, and may still be seen, every day, beyond all human conjecture”. When new disasters are hitting your country daily, fate has to be kept in check. For that reason, in The Prince and Discourses on Livy Machiavelli investigated the most sensible courses of political action in any number of historical and contemporary situations: dictatorship and republic, war and peace, foundation and legislation. How to get a grip on historical reality?
The mere posing of the question signified an intellectual revolution, a break with the old world, a liberation of political time from eschatology. Medieval Christianity attributed no significance to earthly intercourse between people and rulers. What counted was the salvation of the soul by God. History with its chance events was subordinated to the divine plan of salvation. Although God’s plan, including the crucifixion of His son, was carried out in worldly time, God Himself stood outside it. In other words, “Secular time […] was the theater of redemption, but not its dimension”. Prophets who saw the hand of God in natural disasters or political calamities – such as the sack of Rome in 410 – were regarded as heretics. The most anyone could say was that divine providence bombarded human beings with disastrous happenings to test their faith. Those unconvinced by that saw only fate, the capricious Wheel of Fortune.
The republic was not timeless, because it did not reflect by simple correspondence the eternal order of nature […]. The one thing most clearly known about republics was that they came to an end in time, whereas a theocentric universe perpetually affirmed monarchy […]. It was not even certain that the republic was the consequence of a principle.
J. G. A. Pocock
Sovereignty does not reside in abstract principles. The French people did not emancipate themselves from absolute monarchy in 1789 with the declaration that “the principle of any sovereignty lies primarily in the nation”. True emancipation arrived in 1792, when citizens across France rose up to defend the revolution against foreign kings. It is when a people makes its own choices that it becomes sovereign. It is time for Europeans to become sovereign.
Emmanuel Macron
“Till death do us part”
The introduction of the right to divorce was never an innocent act. In England of all places this should come as no surprise. The country’s tumultuous first “exit” from a pan-European order, by means of the 1534 Act of Supremacy, was the result of a Tudor king’s wish to divorce his queen. It was Brexit avant la lettre. The political and legal order challenged by Henry VIII, the Church, was called “Rome”. Today’s second exit, Anno Domini 2019, will be from another order founded in “Rome”, the Rome of the Treaties.
In 1957, at that Roman founding moment, membership of the European Economic Community was entered into for an indefinite period. For eternity, in other words. The six founding states stepped into a new era. To celebrate the rite of passage, on 25 March all the bells of the Eternal City rang out. The perpetuity stipulation was exceptional. The coal and steel treaty signed by those same six states in Paris six years before was for a mere 50 years. This infinite duration was an invention of Belgian minister Paul-Henri Spaak, chair of the treaty negotiations. Lawyers protested, but Spaak stuck to his guns. Ties with the Community had to be irreversible and indissoluble, as in a marriage.
Besides, there are – because some have indeed said: you were tricked, overwhelmed, surprised or whatever – situations when it is necessary to make decisions. I could not have waited for twelve hours and contemplated the issues. Those people converged on the borders, and so we took this decision.
Angela Merkel
What is the border for in the end? To unite us.
Régis Debray
Conviction and responsibility
One and a quarter million refugees applied for asylum in the Union in 2015, twice as many as the year before. The images were dramatic: small boats on the Mediterranean, handcarts on Balkan roads, full trains stranded on the way to the rich North. The influx of people looked to many like a mass migration, almost an invasion; and the public, in fearful bewilderment, had the impression the authorities had lost control. Could Europe act? Was Europe authorized to act?
The demand for action had a different character from that which accompanied previous crises. The Ukraine crisis of 2014–15 was a matter of war and peace; the Union itself had hardly any resources or powers to bring the conflict under control, so active intervention by the member states jointly was an obvious necessity. Moreover, application of the magnetic forces provided by the Brussels diplomatic toolkit, the showpiece being the association agreement with Kiev, had worked out badly. No one at that point, therefore, disputed the primacy of events-politics. In the fields of asylum and migration, by contrast, the Union had quite a few competences and regulations. The situation became unmanageable because the regulatory framework collapsed under divergent strategic interests and because of the disruptive impact of the situation on public opinion. For a long time Brussels was blind to the gap between what was administratively possible and what, in this exceptional situation, was politically required. Engagement by the highest political authority needed for events-politics was even actively hindered by some institutions, reinforcing the impression of a loss of control, of powerlessness.
The contrast with the euro crisis of 2010–12 is illustrative as well. To steer their poorly equipped currency through the storm, the leaders, at gunpoint, had both to design new tools and to deploy them immediately.
These three powers [judiciary, legislative and executive] should naturally form a state of repose or inaction. But as there is a necessity for movement in the course of human affairs, they are forced to move, but still to move in concert.
Charles de Montesquieu
It is quite obviously impossible to deal with political power and the structure of the state itself without knowing what Authority is as such.
Alexandre Kojève
Most truly has the wise man said that of things future and contingent we can have no certain knowledge. Turn this over in your mind as you will, the longer you turn it the more you will be satisfied of its truth.
Francesco Guicciardini
Emancipation of executive power
Anyone who visits Washington and sees the magnificence of the legislative Congress, with its majestic dome on the axis of the city, and then looks at the White House, built for the president, small by comparison and off to one side, senses what the founders of the American republic at the end of the eighteenth century believed the relationship should be between the main powers: the legislators in charge and the executive power in second place. The 13 newly united states had thrown off the British king, their colonial sovereign, and did not want a citizen-king in his place. Something similar happened in France. After the revolution of 1789 and the fall of absolute monarch Louis XVI, the focus was on the impersonal and all-encompassing authority of the law. As Pierre Rosanvallon shows in Good Government (2018), primacy was given to parliament, as guardian of the sovereignty of the people. France went through a turbulent episode under Napoleon (and half a century later his nephew), but distrust of arbitrary leaders ultimately produced the parliamentarianism of the Third Republic. Like the Americans, the French kept the executive power small.
The founders of the Community similarly drew a line under the past. Just as the young American and French republics had put aside their king, so the new European Community excluded national governments as far as possible.
Sergio Fabbrini proposes a way out of the EU's crises, which have triggered an unprecedented cleavage between 'sovereignist' and 'Europeanist' forces. The intergovernmental governance of the multiple crises of the past decade has led to a division on the very rationale of Europe's integration project. Sovereignism (the expression of nationalistic and populist forces) has demanded more decision-making autonomy for the EU member states, although Europeanism has struggled to make an effective case against this challenge. Fabbrini proposes a new perspective to release the EU from this predicament, involving the decoupling and reforming of the EU: on the one hand, the economic community of the single market (consisting of the current member states of the EU and of others interested in joining or re-joining it); and on the other, the political union (largely based on the eurozone reformed according to an original model of the federal union).