Defending fundamental rights ” “

Is a European constitution necessary? And what characteristics ought it to have? These questions are currently being addressed by the Convention on the future of Europe. The many problems to be addressed also includes that of how to recognize and turn to account the “Christian roots of Europe”. The issue was discussed at the round table on “the European Constitution, the Charter of Rights and the responsibility of the Churches”, organized by Pax Romana and MEIC (Ecclesial Movement of Cultural Commitment) in Brussels on 29 September, as part of the programme of the “second European ecumenical week”. In the view of sociologist Giorgio Campanini, an explicit recognition of the religious factor in the future European Cosntitution presents both risks and advantages. The latter would consist in the “partial correction of the secularization process at work in our societies” and in the “recognition of the Christian view of society”. The risks, on the other hand, would include, first, the transformation of Christianity into a “civil religion”, the only cohesive factor of Western civilization; second, the “involuntary legitimation of a religious and ethical relativism” which would recognize the contribution made by all the forms of religious presence in Europe and thus place Christianity on the same historical level as the other religions; and third, the possibility of any “success” reopening never completely healed wounds in relations between laity and Christians. According to Renato Balduzzi, new president of MEIC, the debate on the Charter of fundamental rights of the EU, and the scope accorded to it in any future European constitutional treaty, needs to be resumed. A dialogue on the common values of dignity, freedom, equality and solidarity needs to be reopened to “guarantee the inalienable dignity of the person”, without forgetting that “in the construction of the European identity a decisive role is played by the Churches and by the legacy of humanism and religion”. Balduzzi expressed the hope that the concept of the family and the rights connected with it be revalued and that ethical reflection on biomedical research be given a higher profile. He also expressed the fear that deferment to national legislations by the Charter of fundamental rights would end up by permitting the various States to “model” the rights enunciated in the Charter as they think fit. Reflection on human rights was continued by Carlo Russo, former judge of the European Court of human rights in Strasbourg. In his view, the right balance needs to be struck between the Charter of fundamental rights of the European Union, adopted in Nice in 2000, and the Council of Europe’s Convention on the safeguard of human rights, adopted in Rome in 1950. The former is a reprise of the latter in many points, but Russo asked, if one day the EU Charter will have juridical value, will recourse for the protection of the rights upheld in it be made to the Court in Strasbourg or to the Court of Justice of the Euopean Community in Luxembourg? The question is not merely academic, he explained. It is also political, because it would risk splitting the EU institutions. “Freedom to choose the Court – he explained – would risk a different interpretation of equal rights without there existing a supreme court able to settle any disputes that might arise. A possible solution on which we are working would involve the signing of the Convention of Rome by the European Union, which as such would recognize the jurisdiction and jurisprudence of the Court of Strasbourg also as regards the interpretation of the rights of the EU Charter”. The debate was concluded by Monica Simeoni who tackled the question of immigration in terms of rights to citizenship. According to Simeoni, the growth of minorities and communities that ask for rights of their own makes its all the more necessary to achieve a clear and shared definition of universal criteria for their “choice” and recognition. In this regard, it is indispensable to establish “connections” between the various identities of a society, including residents and immigrants; and these “connections” should be facilitated with the help of the law. The ecumenical Week continues till 5 October with meetings and debates both in Brussels and Strasbourg. G.A.G.