speeches given by mr. miquel roca and mr. josé pedro ... · such stature and relevance as the...
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Speeches given by Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution, at theInvestiture Ceremony as recipients of Honorary PhDs fromUniversidad Europea de Madrid
Laudatio given by Dr. Cristina Garmendia, Former Minister of Scienceand Innovation and Member of Advisory Board of Universidad Europea
Madrid, SpainVillaviciosa de Odón CampusMay 10th, 2017
Laudatio given by Dr. Cristina Garmendia
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
Minister, Rector, dignitaries, members of the faculty, students, and friends.
I am very pleased to take part in this well-deserved tribute to José Pedro Pérez-Llorca and Miquel Roca Junyent, two people for whom I have profound
respect and sincere admiration. Therefore, it is an honor to give this laudation. I
feel doubly pleased, moreover, that this tribute is being held at a place so dear
to me, which is Universidad Europea, and for which I have the pleasure of being a
member of the Advisory Board.
The mere fact of having said the names of José Pedro Pérez-Llorca and Miquel
Roca Junyent has brought to my memory, as I’m sure it has for many of you and for
many Spaniards, a series of images, very vibrant memories and, with them, strong
emotions, of a great period in the history of Spain; a period we will never be able to
forget. The Spanish Transition was an era in which all of us felt proud of this coun-
try, of what it was achieving, of what it meant to all of us, and of being a part of it. It
was unforgettable, was it not?
And it was precisely the seven so-called fathers of the Constitution who planted
the seed so that era could flourish and give way to new challenges and advances,
which have allowed us to progress as a country over these decades. Because, des-
pite the numerous criticisms we all hear (and even make) sometimes, this country
has progressed in an exemplary fashion, both socially and economically.
One only has to look at how we have evolved in science, going in record time from
being an irrelevant country, that offered flashes of genius from decade to deca-
de, to being one of the 10 countries with the highest and best-quality scientific
output in the world. Although there is still much to be done, in science as well, I am
sure that, in large part thanks to the seeds we planted during the Transition, we will
continue to progress and achieve important milestones in the future.
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Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
Those who witnessed it up close tell us that the fathers of the Constitution met
“on Tuesdays and Thursdays, in the morning and afternoon, and, as necessary, on
Friday mornings.” And during the commission’s second meeting (in the summer of
1977), they already established “unanimously” the principles that they should fo-
llow in the meetings themselves. Among these principles I’d like to highlight the
“confidential nature” of the matters discussed, as could be expected, and that
the text created should be, and I quote a “complete constitutional code, as short as possible, but that includes everything considered necessary.” In other words,
complete, brief, and with everything which is necessary. I don’t know what all of
you think. I believe they achieved it. The “minutes” published in the General Jour-
nal of the Parliament attested to their arduous work.
When Mr. José Pedro Pérez-Llorca was chosen as a member of the commission in
charge of drafting the 1978 Constitution, he was a member of parliament for Ma-
drid in Congress. His training as an attorney and diplomat, together with his talent
as a mediator, made him one of the best-suited people in Spain to be in charge of
this complicated State matter. The different profiles of the commission members
and the importance of the topics to be discussed meant intense debates were
expected from the outset. Therefore, the qualities of diplomacy, together with his
spirit of dialogue, would be essential ingredients at that negotiation table.
Young José Pedro had passed the state examination to become Parliamentary
counsel in 1968, 10 years before the Constitution was approved, and therefore al-
ready knew the Lower House and its representatives. This lawyer from Cádiz first
entered politics with UCD party (Union of democratic center), although in 1976 he
joined the recently-created PP party (People’s Party).
Shortly thereafter, the People’s Party merged with the UCD, which, at the time, as
you know, he had been chosen as a member of the constitutional commission.
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Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
He held different positions in the party over several legislatures. He was minister
of the Presidency, of Parliamentary Relations, of Territorial Administration, and of
Foreign Affairs. And, although the name José Pedro Pérez-Llorca will always re-
mind us of the Constitution, his disposition as a statesman and his experienced
diplomacy, as I mentioned earlier, led him to drive other important international
agreements.
In fact, as Minister of Foreign Affairs he began negotiations for Spain to join the
European Union. Mr. Pérez-Llorca was able to complete the first six chapters of
the 16 which formed part of that agreement. His role as a mediator with the United
States in his last phase as minister which led to a new treaty was also decisive for
Spain. And to top it all off, he played one last diplomatic role not remembered by
everyone: he was a clear driving force behind Spain’s entry into NATO.
For his part, Miquel Roca Junyent has always been connected to politics in our
minds. He was and is a great politician. Among many other responsibilities, he has
been a member of parliament for Barcelona, president of the Catalonian Parlia-
mentary Group in the Congress of Deputies (for 18 years, from 1977 to 1995), and
spokesman of Convergència i Unió (CiU - Convergence and Union) during several
terms. But we also remember Miquel Roca Junyent, above all, for having been a
member of the commission responsible for drafting the 1978 Constitution.
This father of the Constitution has always been a statesman and a consensus-see-
ker. He demonstrated this over decades, during the long period he served as a re-
presentative of an important part of Catalonian society in Parliament, where he
always fostered debate, agreements, and highlighted points in common above di-
fferences. Furthermore, Mr. Roca Junyent participated in the commission to study
the Statutes of Autonomy of Catalonia and co-chaired the Committee for Trans-
fers from the State to the Generalitat de Catalunya.
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Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
These two men also have many achievements from their time away from the front
lines of politics, both as attorneys and respected academics. Their careers out-
side of politics are, in fact, enough to deserve the honor that we are celebrating
today... however, when one has participated in something of such importance, of
such stature and relevance as the drafting of the Spanish Constitution, everything
else may pale in comparison.
José Pedro Pérez Llorca and Miquel Roca Junyent represent a way of doing things.
And those of us who have been in politics know that, to achieve a goal, the grea-
test difficulty is the road map. A road map that has to do with loyalty, tenacity,
compromise, generosity, consistency and courage. I believe that at the time we
may have only praised the success achieved. But in these tumultuous times, in this
year in which we celebrate the 40th anniversary of the Constitution, and when its
possible reform is being considered, is the time to praise the example of the va-
lues that José Pedro Pérez-Llorca and Miquel Roca Junyent represent. It should
be remembered that, despite the enormous difficulties that they had to face, ba-
sed precisely on their differences, they were able to overcome them. And they
overcame them because they had a statesman’s perspective, because they know
that a reform of such importance could never happen without an essential ingre-
dient: consensus.
We live in times in which politics is very polarized. When this happens, consen-
sus is the only way to stabilize a democratic system, the only thing that ensures
its soundness, the operation of the economy, and social cohesion... Polariza-
tion makes agreements difficult, but without them, there is no chance of moving
forward. And we want to move forward, do we not? I trust that, at least on that
point, all Spaniards still agree.
I ask this because it is everyone’s responsibility to speak clearly on this matter. To
express our opinion, proclaim our will for dialog, and defend our desire for all of
the country’s political and social leaders to share this same will.
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Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
Our Welfare State would not exist without the peace we have enjoyed, with some
sad episodes (which should never be forgotten), and have defended, since the
Transition. And the Transition would not have been possible if a few good men, at
a moment in the history of our country, had not stood up as often as necessary to
ensure dialog. It is difficult, but not impossible, because we are not alone, becau-
se we have the example set for us by the fathers of our Constitution.
All of us are now responsible for keeping alive the constitutional spirit that they
created and promoted. Perhaps, our current legal system can make the relevant
changes if a unanimous agreement is not reached. They know this better than me.
In any case, we all agree that we must not give in to movements that aim to weaken
our institutions and our democratic system. Democrats must always seek union,
the union that you fought for and for which, on some occasions, you also knew
how to yield on some aspects. This, I insist, must be a model for all of us.
It is time to take up their legacy, to rekindle the echo of their names in our memory
(along with those of the other five fathers of the Constitution). It is time to stand
up, to fight for consensus as the only true path, and to continue to advance and
prosper as a country. It is time to be thankful for the service of those who taught
us how to do it.
And for all of the above, I request that Miquel Roca Junyent and José Pedro
Pérez-Llorca be awarded with de degree of Doctor Honoris causa from Universi-
dad Europea de Madrid.
Thank you very much.
Dr. Cristina GarmendiaFormer Minister of Science and Innovation and Member of Advisory Board of Universidad Europea
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Speech given by Mr. Miquel Roca
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
Let my first words be of gratitude to Universidad Europea for this recognition,
which I accept insomuch as I understand that it is not given to myself individually,
but rather reflects upon the Constitution. I had the enormous privilege of partici-
pating in its drafting. In a way, I would like to see today’s ceremony as the Universi-
ty’s recognition in honor of all citizens. The 1978 Constitution was the Constitution
of all, and still is to this day, even for those who want to debate it, but who have
been able to build their arguments from the freedom that the Constitution itself
established for all of us.
These are difficult times for our society. And that is why this ceremony and the
place where it is being held are so significant. The University, where freedom dri-
ves science, where culture finds its most hallowed stage, where education rea-
ches the most demanding levels, where intelligence gives meaning to the exercise
of freedom of creation and thought, here is where remembering what the Consti-
tution of ‘78 represented and what it represents today results in the greatest re-
cognition possible.
And for this to happen at a University that adheres to the idea of Europe, allows
me to remind us all that it was precisely the Constitution of ‘78 that opened the
door to Europe for all Spaniards; the door which for so long had seemed impossi-
ble be opened. Today Europe is our project; its values are our values; its reality is
also the reality we have built. With all of its problems and shortfalls, Europe is the
most important space of peace, freedom, and progress that has ever been known
in the history of humanity. This space is ours, we have built it, and your degrees
reflect your commitment to this project. When there are debates today about the
Constitution, also remember that this European Spirit fills you with pride, found in
the Constitution of ‘78 the guarantee that a dark period in our history had imposed
upon us to share with all other Europeans a history that was also ours.
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Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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And this recognition, is being given at the University, in front of young people who
did not experience the birth of the Constitution. But it is also your Constitution;
your ambitions are either recorded there, or you can find the mechanisms that will
allow you to reclaim them. What we did, together, 40 years ago, is a legacy that pro-
tects everyone, and especially the young people in this country. You did not make
the Constitution, but you have enjoyed the rights it enshrines, the values that it
proclaims. Even to change it, knowing that to do so you have the strength of the
example of what the generation of ‘78 did under very difficult circumstances. Do
not deny yourselves the pride of appreciating a historical moment which, because
of its enormous significance, also belongs to you. To everyone past, present, and
future.
Today’s recognition has a purpose. The 1978 Constitution is celebrating its 40th
anniversary this year. For the first time in the history of Spain we have a legal Cons-
titution that has lasted this long, guaranteeing freedom and institutional stability.
It is true, today there are conflicts that are putting it to the test, but the Constitu-
tion prevails and, do not doubt it, the Constitution will prevail. Longevity is not in-
compatible with change; but respect for the constitutional order is the only gua-
rantee of democratic change. There is no greater task for young people than to
work to make that possible.
You are not paying tribute to simple scribes of the constitutional text; you are
reclaiming, very legitimately, that the Constitution of ‘78 is the constitution of all;
it unites the generations, and academia once again becomes the custodian of
freedom.
Thank you very much.
Miquel Roca
Speech given by Mr. José Pedro Pérez-Llorca
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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Mr. Rector,
Today you are conferring a great honor upon us. Great indeed in that it is being
granted with the solemnity that only the university is able to display.
Honor is important. Every era and every social group may consider that different
values and merits should be recognized, but no matter how different the content
depending on the society and the times, some concept of that nature, socially
created and accepted, is necessary to follow and judge behavior beyond mere
codes. Even Kant dealt with honor in these terms.
Our classical theater cannot be understood without the constant presence of a
certain historical concept of honor. The comedies of Lope de Vega address it with
grace and lightness, which makes them more adaptable to our era. In Calderón,
on the other hand, honor is always dramatic and total. Today, works such as “El
médico de su honra” [The Surgeon of His Honor] would not be understood, be-
cause, among other things, different and even opposing parameters of behavior
were applied to men and women. I say this because the Transition made Spanish
society pass from a Calderonian mode to a Lope mode. Today, I would say that we
are in Pirandello mode.
In all ages, our society has understood this issue with more common sense than
Calderón. The Spanish language, so rich in nuance, offers us numerous terms that
adapt these concepts in a very subtle and light way depending on the circumstan-
ces. Thus, before honor we have words which depict virtue, keeping up appearan-
ces, integrity, honesty, and a sense of shame.
Except for two, all of these terms [in Spanish] come from the same Latin root “ho-
nos.” And as Cervantes made Don Quijote say, for freedom and honor, one’s life
can and should be given.
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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The Romans said “honos est onus.”
In Rome, the “ius honorarium” conferred powers upon magistrates that were used
to develop the law, and with “ius premiandi,” discretionary and unrestricted au-
thority. On this occasion, the university has made use of its unrestricted power to
grant recognition. And the final touch to that recognition was the generous lauda-
tion given by Dr. Garmendia, with her usual elegance from San Sebastián. Quevedo
said that there could be a stab in the back without flattery, but never flattery wi-
thout a stab in the back; Quevedo was wrong. The laudation, so intelligently com-
posed in its exaggeration, contained no blade.
If the “ius premiandi” and the laudatio were unrestricted, so is my gratitude, which
we could also call infinite if we accept that infinity exists.
The honor that you are conferring upon us stems from our participation in the
drafting of our Fundamental Law. Our once excessively praised Constitution is not
experiencing one of its best moments. It can even be said that, having given rise
to a political system and order, the enormous difficulties with which this system is
currently fraught have allowed us to glimpse a more than problematic horizon on
the future for our primary legal text.
It is clear that I am not referring to a possible amendment which, under certain
conditions of pressure and temperature, may be necessary, but rather a total cri-
sis, a breakdown or something that, without touching its text, causes an absolute
metamorphosis, and that we will have something as useless or dangerous as a mu-
tating Constitution.
Except on one occasion, after a prior eruption of violence, such as in 1836 and then
1837 to first reestablish and then amend the Constitution of 1812, Spaniards have
never been able to successfully implement a Constitutional reform. Those that
were attempted always failed.
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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If the Constitution of 1978 deserves anything, it is to not end up like all those that
came before it, with an outbreak of violence, or becoming a mutant, and therefore
ineffective, text; and it deserves this not so much because of its merits, but above
all because of the consensual, peaceful manner in which it was drafted.
The elections of 1977, which were called for many reasons and motives, but also
due to the resolute push by King Juan Carlos, and the courage of Adolfo Suárez,
ended many things and opened a new era. I am referring to the total correction
and integrity of the electoral process, a novelty compared to the customs of other
periods in which there had been universal suffrage. These elections ushered in
the most decisive period of a transition without a prior breakdown, which, compa-
red to other transitions that we have had in our perilous political life, has been the
exemplary and successful of all.
The Constitution emanates from the Parliament. Its drafting, which began a very
hot July afternoon in 1977 in a somewhat dilapidated room on the first floor of
the so-called Palacio del Congreso, was slow and laborious, always seeking the
broadest consensus possible, without giving in to the urgency that public opinion
and published opinion demanded then, as now. It can be said, therefore, that the
scaffolding was good.
The foundations were even better: a very clear social consensus, necessarily ex-
pressed without details, but that was sensed in a general manner. In this regard it
could be said that we were mere scribes of the citizens’ will.
In terms of the materials, the knowledge of democracy that we possessed was
mainly from books; we shared similar legal training and, as we found out, had basi-
cally read the same books on Constitutional Law. Therefore, the bricks and other
materials we used were taken from the best scientific doctrine of the era, from
our constitutional history and, above all, comparative constitutional law. Noble
materials, although sometimes difficult to get them to set with mortar.
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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In terms of the blueprints, there are those who boast of having had them; I never
saw them. What is true is that when we were up on the scaffolding, we already
agreed on a political plan: to ensure a framework of freedom, progress, and stabi-
lity for a democratic Spain. Design and plan [in Spanish] come from the same Latin
root, but they are two different things. We had the plan when we started; the de-
sign began to come together around that somewhat dilapidated table. The master
builders—who were more than just the seven of us members, because the drafting
was opened up to everyone—carried out fine construction work, which gave the
building a certain elegance and subtle soundness.
There was much consensus. It was not like when Napoleon called Benjamin Cons-
tant at the beginning of the 100 days and told him:
“Monsieur Constant faites moi une Constitution.”
General MacArthur was more abrupt when he ordered a Legal Colonel in the Ame-
rican army to write the Japanese Constitution. That was how the highly successful
text was written. In Germany, the Allied Control Council only accepted the Cons-
titution when, in the fourth draft that was presented, federalism was taken to the
extreme.
And how has the building held up? President Suárez used to ask me about the
Constitution in my offices:
“So, José Pedro, is this going to work?” And I used to answer him: it will get hot, it
will let off steam, it will make a lot of noise, it will shake, but it can work.
What has the Constitution given us? Starting from the premise that these legal
texts do not grow grain, the Constitution has given us a lot. In terms of legal struc-
ture and powers, suffrage, government and judiciary function, the Constitution
has given us what it needed to give. A stable legal basis. A well-thought out rule of
law. Freedoms and constitutional rights have been accepted and externalized by
Spanish society like never before. Governments have changed hands peacefully.
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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We can, thus, view it positively today, while also recognizing a degree of fatigue in
the materials.
Compared to this moderately positive balance, I think there was one thing that we
resolved poorly. Regional autonomy. That it had to exist was an imperative of both
history as well as of the times; the fact that there were specific, intense problems
and other more general issues was an incontestable reality; it was clear that there
was going to be a process of emulation; it was indisputable that this matter had to
be regulated in the constitution. On this matter, there was no common or coinci-
dent design. For the design, we only had the precedents of the Second Republic
and comparative law.
Faced with the urgency of the problem, some of us were concerned with ensu-
ring that there were wide riverbeds and tall, thick dikes such that the torrent hea-
ded towards us could become a trickling river, peaceful, and with fertile plains on
either side.
On this subject, guarantees were made, situations that today are reality were fore-
seen, and the instruments that are being used today were created, yes, but there
may be something that is excessive and something that is missing.
The result can be seen today: an immense autonomous regions structure has been
created, with 17 governments and parliaments, two autonomous cities, 1,248 re-
gional members of parliament, one and a half million civil servants, and an extraor-
dinary network of interests, a true Leviathan, to not say a Behemoth. However,
historically, this is not of such importance. It is, certainly, an expensive, conflicti-
ve, perhaps excessive system to govern a country of our size and population, but
the operation of the general structures, if they last, will correct the excesses little
by little.
Investiture Ceremony for the presentation of Honorary PhDs by Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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More important is that the intense problems have not been mitigated. Among
other things, the Constitution involved the assumption of a calculated risk that
this problem would cease to be intense, and that the integration factors that go
along with democracy and economic development would balance the centrifu-
gal tendencies little by little. This has not been the case. Our calculations failed.
Here again, with the passage of the years, disloyalties and bad faith that had never
existed between the members appeared. The persistence of an extremely severe
situation in the four provinces in the northeast of Spain and the series of initiatives
with contempt for any legal norms are an irrefutable reality, which has provoked
the inevitable action of the judiciary branch.
It may be the time for constitutional reform, but such a reform will only be fruit-
ful if established regulatory channels are followed, consensus is sought—which
today seems impossible—and if balance between the State and Autonomous Re-
gions is restored.
In this potential new balance, I cannot seem to understand which new authorities
will be transferred to the regional entities, which essentially hold all authorities
already, unless they are all requiring the exclusive and sole emotional loyalty of
their citizens.
Running the risk of being labeled unorthodox, but in keeping with the require-
ments of having a sense of shame, I must say that, in my opinion, in any new poten-
tial re-balancing, the State must recover or be in a position to use its status as the
ultimate authority for public order in the entire country in an ordinary manner. It
should also recover or be able to use its authorities in education in an ordinary fas-
hion. Only in this way can the process we have experienced, which is not, strictly
speaking, decentralization but rather the deconstruction of the State, be brought
under control again. If any sell-governance must be improved now, it is the auto-
nomous government of Spain. Which should be, at least, as autonomous as the au-
tonomous regions.
Investiture Ceremony for the presentation of Honorary PhDs from Universidad Europea de Madrid Mr. Miquel Roca and Mr. José Pedro Pérez-Llorca, Fathers of the Spanish Constitution
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If this is not done, and I don’t think it will be, in the dialectic between integration
and disintegration, the latter may end up prevailing.
Mr. Rector, I will conclude.
I would like for the elements to exist to maintain Spain of peace, freedom, and pro-
gress, that does not run the risk of breaking up at every bend in the road. A coun-
try where there can be common, shared sentiments, and a minimum subtle social
consensus, without which democracy does not function. That the life of Spain, in
short, does not slip away like water between one’s fingers.
This is a fervent desire, a waning hope, but in some ways, it is a conviction.
I rest my case.
José Pedro Pérez-Llorca