Democratic dialogue for a better constitutional synallagma: discussing Giuseppe Martinico's ideas
| Autor | Julio Pinheiro Faro Homem de Siqueira |
| Cargo | Researcher on Public Law at Universidade Federal do Rio Grande do Norte, and on Law, Society and Culture at Faculdade de Direito de Vitória, both in Brazil |
| Páginas | 11-18 |
P A N Ó P T I C A
PANÓPTICA/STALS INTERNATIONAL BOOK SYMPOSIUM
In: DELLEDONNE, Giacomo; SIQUEIRA, Julio Pinheiro Faro Homem de (ed.). “The tangled complexity of the
EU constitutional process. A Symposium”. Panóptica, vol. 10, n. 1, pp. 11-18, Jan./ Jun. 2015.
11
Democratic dialogue for a better constitutional synallagma:
discussing Giuseppe Martinico’s ideas
Julio Pinheiro Faro Homem de Siqueira
1
The secret of a profitable dialogue can be identified in a multiple complementarity that
connects different instances of power, branches, actors, and legal orders. In terms of a more
interlaced (or complex) legal system, this connection process can be regarded as a kind of fusion
between multilevel orders that captures the main idea of an integration process, allowing the
emergence of a multiply-integrated legal system.
Many scholars have been researched on the idea of dialogue. What most of them usually
demonstrates is that, besides an intra-forum (horizontal) dialogue, an inter-forum (vertical) and
an extra-forum dialogue are also necessary not only among the judiciaries (courts, tribunals) of
different legal orders, but also among instances of power, branches and actors which could
influence an integration process.
This paper intends to deal with two ideas developed by Giuseppe Martinico in order to
discuss how a democratic dialogue can produce better legal orders. The first idea is the hidden
dialogue, which “demonstrates how even actions and behaviours conceived with competitive
spirit can have a systemic impact, resulting in a contribution to the modification of some of the
fundamental principles of the system (here understood as the multilevel legal order”.
2
The
second idea is the constitutional synallagma, that is, “the whole of the principles, practices and
rules which circulate uninterruptedly from one constitutional level to another in a twofold
direction (from top to bottom and vice versa) and which permits the genesis and the reshaping
of the structural principles”2 of a legal system.
I believe that both ideas considered together can explain the failure of the EU constitutional
process. Viewing the constitutional synallagma as the constitutive contract for the EU, formed
by a corpus of basic norms and practices derived from a process of democratic dialogue among
autonomous constitutional orders – including their respective branches and actors (especially
1
Researcher on Public Law at Universidade Federal do Rio Grande do Norte, and on Law, Society and Culture at
Faculdade de Direito de Vitória, both in Brazil. E-mail: julio.pfhs@gmail.com
2
MARTINICO, Giuseppe. The tangled complexity of the EU constitutional process: the frustrating knot of Europe.
London: Routledge, 2012, p. 138.
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