EU constitutional project and the new "Status Activae Civitatis" of Legal Professions in Europe
Dipartimento di Studi su mutamento sociale, Istituzioni iuridiche e comunicazione Law Faculty, University of Macerata Macerata, Italy
In accordance to a century-old tradition, European legal professions have been granted in the course of Nation-State building process with a particular institutional qualification: i.e. as veritable "boundary-agents" and "gate-keepers" between law and society: a unique qualification - the so-called "Status Activae Civitatis" - that still distinguishies them from any other professional and/or occupational group due to the special social and political value ascribed to their knowledge and lnow-how as necessary devices to provide a regular functioning of public order and social justice. In the last decades, however, EU constitutional process and policy not only challenged the normative counturs of such State-oriented "Status Activae Civitatis" (not to be confused with the notion of "active citizenship" recently recognised to those ordinary pepole that take part in "deliberative democracy" proceedings or in socio-economic "subsidiarity" activities) but set up an opposite strategy in order to re-frame the everlasting professional mandate of legal professions in Europe in accordance to the same EU constitutional imperatives. In sum: the need of EU institutions to assess and protect "organically" EU super-and trans-national values and interests at constitutional level , is now leading to the creation of a new (EU-oriented) type of Europen legal professionals, acting a vertable EU "organic" intellectuals.