Histoire et méthodologie / An historical and methodological approach
Edited By Corinne Doria and Gérard Raulet
Over the last sixty years, Europe has been built as a political, legal and economic space. Nevertheless, this process has not been accompanied by the construction of a European public sphere, despite the will of its founders, who wanted to create a European cultural area, recognized as such by its citizens. Now that, through the internet and social networks, the European public space is in the process of reconfiguring, it is time for a comprehensive reflection – both historical and methodological – on this space. When did a European public space appear for the first time in history? What were the institutions, events, developments from the Middle Ages, helped design and perceive Europe as a common sphere – a public space? How, and by whom, was occupied public space in Europe at different times in history? How geographical discoveries and encounters with other cultures have they strengthened the perception of Europe as a common and public? How will the European public space be set in the future? This book gathers essays from specialists (historians, philosophers, legal historians, sociologists) at Labex EHNE, Écrire une Histoire Nouvelle de l’Europe.
Partie II. Espace public et droit / Part II. The Public Sphere and the Law
Partie ii esPace Public et droit Part ii the Public sPhere and the law 57 Troubles with the European Public Sphere: What Has European Citizenship Got to Do with it?* Violeta Beširević Union University Law School, Belgrade Introduction In his book Towards European Citizenship, written in the late 1970s, Mario Sica attempted to define the status of Europeans, describing people of the European Communities as “no longer foreigners, but not yet citizens”.1 Although political, economic and social interactions between people who live in different countries of the European Union have expanded over the last thirty years, this qualification still seems to be valid. The following episode from the court of arbitration illustrates this point well. In the arbitration dispute between a Moroccan company on one side and a German and a Spanish company on the other, the ICC Court of Arbitration in Paris appointed a Greek arbitrator as a neutral third arbitrator. The Moroccan party challenged this appointment, arguing that the third arbitrator was not neutral, because both the opposing parties (companies from Germany and from Spain) and the Greek third arbitrator were from the European Union, meaning from the same state, which was strictly prohibited by the arbitration rules.2 Following this challenge, the * This chapter is written within the project “Advancing Serbia’s Competitiveness in the Process of EU Accession”, No. 47028, financed by the Serbian Ministry of Education, Science and Technology Development. 1 “Non più stranieri, non ancora cittadini”. See Mario Sica, Verso la cittadinanza europea (Towards...
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