The European Union, that grand confederation of good intentions and better stationery, has lately been reminding us that history does not so much repeat itself as develop a mild stammer. One had rather hoped, after the last century’s more theatrical experiments in central planning—those involving uniforms, mass graves and the occasional five-year plan that somehow produced neither the five nor the plan—that the continent might have learned to keep its hands off other people’s constitutions.
Apparently not. The old disease has returned, not with jackboots and torchlight parades, but with briefing papers, procedural motions and the soft, insistent language of “harmonisation.” It is the same malignancy, merely better dressed and fluent in three official languages before breakfast. We once believed the tumour had been excised. In 1945 the visible growths were cut away; in 1989 the remaining metastases in the east were starved of oxygen. People of a certain optimistic turn even spoke of the end of history, as though the organism had finally achieved permanent remission. What they overlooked was that the diseased cells had never quite gone. The belief that a centre should know better than the periphery, that nations are inconvenient local colour rather than living tissues, that citizens require constant guidance against their own untidy preferences—these ideas survived in the deeper marrow. They merely waited for a more respectable host. The European Union obliged.
A healthy organism, as any biologist who has not yet been appointed to a Brussels working group will tell you, is not a dictatorship of the central nervous system. The liver does not telephone the pancreas for permission to metabolise. The individual cell goes about its quiet business of division and repair without waiting for a directive from the Commission. So it is, or ought to be, with societies. Families raise children, companies invent things that people actually want, towns mend their own roads, and nations attend to the few matters that genuinely cannot be handled lower down—borders, defence, the occasional outbreak of piracy. When one level begins to devour the others, claiming superior wisdom and an unlimited mandate to correct every anomaly, we are no longer watching governance. We are watching oncology.
Poland, that perennial canary in Europe’s coal mine, has lately provided the diagnostic scan. The government of Donald Tusk—Brussels’ favourite pupil, ever eager to earn a gold star for rule-of-law homework—has found itself in a brisk constitutional scuffle with the country’s Constitutional Tribunal. A judge whom the president had declined to swear in announced the suspension of the Tribunal’s president; police materialised; the actual president of the republic turned his aircraft around mid-flight and hurried home, employing language not customarily found in the Treaty on European Union. Liberal legal scholars who ordinarily have little time for the Tribunal’s previous leadership nevertheless observed that the legal basis for the suspension was, to put it gently, non-existent. One side calls it restoration of the rule of law. The other side calls it a coup with better lighting. Both may be speaking more truth than they intend.
There is a certain historical symmetry that would be almost comic if it were not so thoroughly exhausted. Poland is the country where the last great European catastrophe began in 1939, the country subsequently shared between two competing totalitarian brands, the country whose shipyard workers later helped crack the Soviet edifice from within. If any national immune system still carries the antibodies, it is the Polish one. That the current drama should unfold under the approving gaze of the European Commission only heightens the irony. When the ballot box and the existing institutions refuse to produce the preferred result, one simply rearranges the institutions. The vocabulary has been updated—no more talk of living space or class enemies, only of “shared values,” “disinformation” and the urgent need to prevent democratic backsliding by means that look remarkably like democratic backsliding—but the underlying appetite remains familiar.
The people driving this process are not cartoon villains. That is the truly unsettling part. They sincerely believe they are the grown-ups in the room, protecting the citizenry from its own provincial instincts. They are the sort of competent, well-briefed individuals who would have made excellent middle managers in any number of previous regimes, provided the stationery was of sufficient quality. Totalitarianism has never required monsters. It requires only people convinced of their own rectitude and a system that has gradually removed the awkward checks that once stood in the way.
There is, of course, an alternative. It involves the radical notion that a state might confine itself to the few things only a state can do, and leave the rest alone. Security, justice, borders, defence—those are the sovereign functions. Everything else can safely be returned to the organs that evolved to handle them: individuals, families, companies, towns. A smaller state, but one that is actually present when required, rather than omnipresent and largely useless. This is not nostalgia for some golden age of nationalism; it is simply the organisational logic of any organism that intends to survive. Distributed systems tend to endure. Centralised ones tend to produce impressive monuments and unfortunate body counts.
One remains, against considerable evidence, mildly optimistic. The organism has been this way before. It carries the scars and, more importantly, the memory. Information now circulates outside the approved channels with irritating efficiency. In Poland, in Hungary, in parts of France and even, occasionally, in the more restive corners of the older member states, people are beginning to notice the pattern. They may not yet have the precise vocabulary, but they feel the pressure of the growing centre. Antibodies are stirring. Whether they will prove sufficient this time is the only question that matters.
History, as Clive James himself might have observed while reviewing a particularly earnest television documentary, has a long memory and a dry sense of humour. It would be a pity if Europe provided it with another punchline.