Speeches given by Mr. Miquel Roca and Mr. José Pedro ... · such stature and relevance as the...

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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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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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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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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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


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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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


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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.


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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.


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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.


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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.


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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.


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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

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