To what extent can the Spanish model of citizenship be used for the European Union? Examine the rights and duties of the citizen under the Spanish Constitution as well as the conciliation of various regional aspirations and feelings. In what way is this

Résumé du document

According to many commentators and journalists, the European Union would be challenged by some crisis, each of them having different natures: for instance, European regions, whereas they could be a good complement for European governance, are increasingly perceived as a threat for the European administration, as the smallest scales of administration are trusted to have more legitimacy for citizens. At the time where "big government" offers some advantages, the EU has to face this pressure that the democratic election of the European Parliament, since 1979, did not entirely solve. As a consequence, the feeling of "European citizenship" is rather weak at the beginning of the twenty-first century, since national or even membership is much more concrete for many people. Considering this, the need of a real impulsion from the European authorities is certain: the recent democratic disapproval of the European Constitution by voters of France and Netherlands can be perceived as proofs of this "far-distant" Europe that is still unable to create a genuine and undisputed adhesion from 25 countries.

Extraits

[...] Regions can easily organize their own institutions of self-government and set up the parameters of their relationships with the central authorities. These statuses have many features in common, but they also have several individual characteristics, that reflect their own relationships with Madrid. For instance, the Basque Statute underlines some tax-rising privileges, while the Catalan Statute emphasizes considerable freedom in terms of education, culture and language. Thus, the various regional inspirations and feelings are taken into account at the highest level. [...]

[...] Alongside to these rights, we have to highlight that the duties of Spaniards are also written in the Constitution: They have the duty to know the Castilian language, and the “right and the duty to defend Spain”. Regarding environment, they may have obligations in case of environmental calamities, and they also have the duty to respect environment in general. For the work, an interesting formulation has been adopted, since Spaniards have the “right and the duty to work”[6]. A singular regional dimension The country has a semi-federal structure, in which the powers of the state are shared with 17 comunidades autónomas, each having its own president, parliament, executive and high court of justice. [...]

[...] By far, the longest part of the Spanish Constitution is devoted to fundamental rights, with the obligation of the state to uphold and guarantee them[2]. - Among the civil rights, we can find the prohibition of death penalty, except as provided for by military criminal law in times of war (Article 15). The equality expressed in the Constitution is reinforced by more precise details: and woman have the right to marry with full legal equality” (Article 32.1 The Article 33 defends private property. [...]

[...] We can find some interesting democratic statements, such as the right to individual and collective petition, the right of union association (Article 22 and 29) and the right to strike (article 28)[4]. - The part of the Constitution which deals about social and economic rights can be perceived as extensions of rights listed before. Moreover we have to keep in mind that Constitution defines Spain as a “social and democratic State, subject to the rule of which gives legitimacy to such rights. [...]

[...] - Greenwood, J., Interest Representation in the European Union, Palgrave - Keating, M., The New Regionalism in Western Europe, Edward Elgar Publishing - Geyer, R.R., Exploring Social Policy, Polity Press - Jenkins, B. and Sofos, S.A., Nation and Identity in Contemporary Europe, Routledge - Alfred Herrhausen Society for International Dialogue, Desperately seeking Europe, Susan Stern and Elisabeth Seligmann Newton, Michael T. and Donaghy, Peter J., p16. http://www.constitucion.es/constitucion/lenguas/ingles.html Ibid. Ibid. Ibid. Ibid. [...]