The United States of Greater Austria a step towards European Union?

Iulian-Nicuor ISAC The great origin, language, customs and mentality diversity of different nationalities requires, for the whole Empire of the Habsburgs, a certain state form, which can guarantee that not a single nationality will be threatened, obstructed or offended in its nationalpolitical life, in its private development, in its national pride, in one word in its way of feeling and living A.C. Popovici The political life, and not only, of Austro-Hungary at the beginning of the 20th century is characterized by Aurel C. Popovici in his work1, as being marked by endless parliamentary crisis, bitter fights and a savage kind hatred, all the nationalities being bitter and throwing the responsibility on the Viennese circles. The development of the national feeling with the occasion of the 1848 Revolution permitted the apparition of numerous projects for the reformation and the reorganization of the Habsburgs monarchy which were starting, almost without exception, from the necessity of the empires federalization on national basis, preserving in the same time the political unity of the empire. Among the most important and elaborated plans is the one prepared by Frantisek Palacky beginning from 1848 and resumed in 1865-1866, which stipulated the division of the empire into eight national states2 and the one stipulated by Franz Schuselka, according to which Austria had to turn into a Vlkerreich (empire of peoples) in which every nationality to be able to keep its national identity. A theory that was circulating in the epoch taken over by A.C. Popovici from Johann Caspar Bluntschli3, was considering the nation, first of all, a cultural community and not a state one (towards which it strived, however!) estimating that the national feeling existing at the Austro-Hungarian Empires peoples had as an aim the national autonomy inside the monarchy. Partisan of
See Aurel C. Popovici, Die Vereinigten Staaten von Gross-sterreich (Leipzig, 1906); the Romanian edition: Stat i naiune. Statele Unite ale Austriei Mari (Bucharest: Fundaia pentru literatur i art Carol II, 1939). 2 In 1869 Palacky uttered the famous phrase Austria will be confederate or it wont be at all! 3 International Law professor at the University of Heidelberg, Bluntschli published in 1878 a project for the organizing of a European states society, on the base of the Swiss federal experience. Besides, the political Swiss pattern is often mentioned in A.C. Popovicis work.
1

the federalization of the monarchy by the nationalities principle, Aurel Popovici affirmed, based on an interesting analysis, not always without fervour, on the way of organising and functioning of the Austro-Hungarian monarchy, the necessity of restructuring the empire, of reorganising it through the territorial separation of the nationalities. The project elaborated by Aurel C. Popovici enjoyed a special attention in the epoch, but not only, the more so as it had the support of Archduke Franz Ferdinand, the successor of the imperial crown. Popovici considered that the new edifice which was going to be brought about had to have three pylons: the dynastic principle, the military skill and, first of all, equity for all the peoples which give the content to this empire. Starting from the supposition that the true essence of all the national fights is of nationalconstitutional origin and offering primacy to the national-political principle against the historical-political one, Aurel Popovici stipulated the forming of numerous national states in an unitary federal Austrian state through the national determination of all the big nationalities into states. This determination was going to be made on the account of the ethnographic map of the Austro-Hungarian monarchy, observing that the peoples from the empire arent very mixed, despite the existence of numerous isles, which were going to be sacrificed for the general interest. Invoking again Bluntschlis ideas, Aurel Popovici considered necessary that the new-created national states should become neutral from the national point of view, more like community states. This was possible only if, through the new politicalterritorial structure of the empire, the national pressure stopped giving place to a community of interests for all the empires peoples which to oust the national feeling; the main problem in the empire, considering its ethnic structure, was the Pan-Slavonic idea. Our monarchy, Popovici asserted, was never a national state, it isnt now and it will never be. It was and it has to stay a league of the nations. In essence, Aurel C. Popovicis plan stipulated the division of the empires territory into the following states: 1. The German Austria meaning the German interior Austria together with the whole German realm from the western Hungarian border, together with the German realm from the South-East of Bohemia and Southern Moravia; 2. The German Bohemia the North-West part of Bohemia together with Tratenau realm; 3. The German Moravia (Silesia) which would contain almost the whole German Silesia with the German realms from Moravia and Bohemia, meaning the Schnhengst region; 4. Bohemia the whole Czech realm of Bohemia, Moravia and Silesia; 5. Western Galicia the whole realm inhabited by Polish;

6. Eastern Galicia the Ruthenian part of the country with the Ruthean counties from Hungary and Bukovina; 7. Transylvania with all the regions inhabited by Romanians from Hungary and Romania; 8. Croatia with Dalmatia, the Croatian Istria, Fiume and Mur Island; 9. Ukraine which would contain all the Slovak settlements; 10. Slovakia; 11. Vojvodina the Serbian realm of the Southern Hungary; 12. Hungary the Hungarian realm; 13. The Country of Szkely the Hungarian parts of the following three counties from Transylvania: Trei Scaune, Ciuc, Udvasarhely, with the adjacent Hungarian parts from Mures-Turda; 14. Tyrol; 15. Trieste with the Italian Grz and the Italian Istria. Banking of the analysis of the subjoined maps4, we can observe the attention paid by A.C. Popovici to the idea of dividing the Empire on the ethnic-national criteria, trying to disprove another federal tendency, the historical-political one. An interesting idea, but hard to achieve because of the opposition manifested by the Romanian political class5, is that of the achievement of the Romanians unification (item 7) inside the Habsburg monarchy by the integration of the independent state of Romania into the new political construction6. The project of the territorial reorganization of the Empire was accompanied by a federal Constitution for the achievement of which A.C. Popovici was inspired by the U.S.A. Constitution, considered by Edward A. Freeman as the most complete creation of the political genius; even the title proposed for the new state suggests this thing The United-States of GreaterAustria. He invoked, to support the federalization of the Austro-Hungarian monarchy, the force of attraction exerted by the freedom, the autonomy and the possibility of development of U.S.A., which had got from 13 states to 45. Another source of inspiration for A.C. Popovici was the Swiss pattern, often

Thanks to Professor Thomas Griesbacher from Karl-Franzens-Universitt of Graz for his amiability, Austria (www.thomasgraz.net). 5 Two examples are very suggestive: Titu Maiorescu considered the idea of the union of the Romanians under the Habsburgs as monstrous and Take Ionescu had a specific response Than an external affairs minister in Vienna, with Romanias entrance at the Habsburgs, Id better be a waiter in Chicago! 6 This idea of the achievement of the Romanians union into an European construction, it is retaken today as an external affairs aim of Romania, but this time its about the Romanians reunion into the great European family, the integration into the European Union being a strategic option of the whole Romanian political class..
4

invoked by him in his study as a success formula for the achievement of a federal state. Divided into twelve chapters, the federal Constitution suggested by A.C. Popovici contained a series of consecrate elements, but new ideas too, which will constitute an analysis base for the politicians and analysts as well, from the moment when this plan arose until today. For a better understanding and analysis of the ideas included by A.C. Popovici in his plan, weve tried the attainment of a comparative table between the federal Constitution of The United States of Greater Austria and the project of the European Constitution. Its perusal has to be done considering, of course, the time when the two documents were done, the specific pursued purposes, but also the evolution of the theories about this kind of political constructions. Weve tried to mark out the common elements of the two constitutional projects, renouncing the discriminating aspects (for instance, the project pf Popovici has as a central element the emperors authority, which doesnt have a correspondent in the Constitution of the European Union). Comparative table The Constitution of the UnitedDraft Treaty establishing a States of Greater-Austria Constitution for Europe Every citizen of a national state is in Every national of a Member State the same time an Austrian citizen, too shall be a citizen of the Union. (art.3) Citizenship of the Union shall be additional to national citizenship; it shall not replace it. (art. 8). The United-States of Austria form a The Union shall have exclusive common customs territory (art. 4) competence in the customs union (art. 12, par.1). The competence of the Empire (or of the Union) and of its organism extend over the following matters, which are common for all the national states, members of the Union: - all the external affairs, including the - The Union shall have competence to diplomatic and commercial define and implement a common representation abroad foreign and security policy, including the progressive framing of a common defence policy (art. 11, par. 4) - Union delegations in third countries and to international organisations

- the whole army and navy, including the drafting and the enactment of the fulfilment of the military service

- the common legislation concerning the civil and penal law and the procedure - the commercial and drafting law

- the setting of the currency and its appreciation - the finance concerning the collecting and the expenses of the federal state (art. 6)

The federal government is composed by the representatives of the national

shall represent the Union (art. III-230) - The Unions competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Unions security, including the progressive framing of a common defence policy, which might lead to a common defence (art. 15, par. 1) - There is a European Armaments, Research and Military Capabilities Agency, which shall have among his tasks to propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes (art. III-212) - Among the shared competences of the Union and the Member States is the area of freedom, security and justice (art. 13, par. 2). - The Union shall have competence to promote and coordinate the economic and employment policies of the Member States (art. 11, par. 3). - The Union shall have exclusive competence in the field of monetary policy, for the Member States which have adopted the euro (art. 12, par. 1) - The Union shall provide itself with the means necessary to attain its objectives and carry through its policies - Without prejudice to other revenue, the Unions budget shall be financed wholly from its own resources (art. 53) - The Council of Ministers shall consist of a representative of each

states (art. 7) The empires government has the following committees: domestic affairs, external affairs, army and navy, finance and administration of the occupied realm. In everyone of each committee has to be represented at least 3 national states. Every state has a single vote (art. 14 and 15). The governs of the national states send three authorized representatives in the empires government in the following vote proportion: German Austria 7, Hungary 7, Bohemia 5, Transylvania 4, Croatia 3, Eastern Galicia 3, Western Galicia 3, German Bohemia 2, Slovak Country 2, German Moravia 1, Ukraine 1, Vojvodina -1, Tyrol 1, Trieste 1, The Country of Szkely 1. Altogether 42 votes (art. 13).

The legislative power is commonly exerted by the Emperor, The House of Deputies and The Senate (art. 9)

The House of Deputies is composed of deputies elected by the whole Empires people or of the Union by secret and direct universal vote (art. 10) It is instituted an Empires Court of - The Court of Justice shall include Justice to decide: the litigations in the European Court of Justice, the which the Empire takes part, the High Court and specialised courts. It

Member State at ministerial level for each of its formations (art. 22, par. 2) - The Commission shall consist of a College comprising its President, the Union Minister of Foreign Affairs/Vice-President, and thirteen European Commissioners selected on the basis of a system of equal rotation between the Member States (art. 25, par. 3) - For deliberations of the European Council and of the Council of Ministers requiring a qualified majority, members votes shall be weighted as follows: Belgium 12, Czech Republic 12, Denmark 7, Germany 29, Estonia 4, Greece 12, Spain 27, France 29, Ireland 7, Italy 29, Cyprus 4, Latvia 4, Lithuania 7, Luxembourg 4, Hungary 12, Malta 3, Netherlands 13, Austria 10, Poland 27, Portugal 12, Slovenia 4, Slovakia 7, Finland 7, Sweden 10, United Kingdom 29 (art. 2 from Protocol on the representation of citizens in the European Parliament and the weighting of votes in the European Council and the Council of Ministers) - The European Parliament shall, jointly with the Council of Ministers, enact legislation, and exercise the budgetary function (art. 19, par. 1). - The European Parliament shall be elected by direct universal suffrage of European citizens in free and secret ballot (art. 19, par. 2).

litigations between some national state; these on the one hand and the Empire on the other hand; between a national state and the citizens or the guilds of another state; between the citizens and the Empire; between the citizens from different national state; the complaints against the federal clerks etc. (art. 18)

All the problems which arent especially reserved for the Empires competence become the national states competence (art. 9).

In every national state is instituted a parliament, a different govern and a judiciary power (art. 20) Every national state elaborates its own Constitution which has to be approved by the Empires power (art. 23) The Constitution of the isolated states cant contain instructions which might contradict the ones of the Empires Constitution (art. 24, par.1) It is forbidden any private alliance and There are no references. The Treaty any political treaty between different establishing the Constitution shall not national states (art. 24, par. 4). preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, Luxembourg and the Netherlands, to the extent that the objectives of these regional unions are not attained by application of the said

shall ensure respect for the law in the interpretation and application of the Constitution (art. 28, par.1). - In addition, The European Court of Human Rights, having the headquarters in Strasbourg, decides over the observance or the unobservance of the fundamental human rights and liberties consecrated by the European Convention of Human Rights from 1950, amended by the additional protocols. - Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution. Competences not conferred upon the Union in the Constitution remain with the Member States (art. 9, par. 2). There are no references, The European Union being composed of independent and sovereign states. - The Constitution, and law adopted by the Unions Institutions in exercising competences conferred on it, shall have primacy over the law of the Member States (art. 10).

The national states, in the middle of which there are avowed national minorities, have to guarantee them, the rights and liberties, which have to be specified (art. 24, par. 5).

Treaty (art. IV-5). The Treaty makes reference, in Title III, to the equality of rights without discrimination and its completed by a series of compulsive documents or by a recommendation concerning the protection of the minorities.

Aurel C. Popovicis plan, although it appeared in 1906, through its concepts and the ways of organizing a state federation on the principle a state, a nation, represents an step towards the emergence of a supranational concept which avouches and guarantees the national-political personality of its different nations, and on the other hand to really ensure its unity and power. Although it remained a theoretical exercise, due to the opposition of different powers, parties and nations and the adverse evolution of history as well7, Popovicis project will be actualized, as a debate base, by Richard Nikolaus Coudenhove-Kalergi, the creator of the idea of Pan-Europe, who considered that the only hope for a Europe devastated by war was to become a federation following the patterns which A.C. Popovici and others proposed for AustroHungary8. Unfortunately, the plan for the achievement of The United States of Greater Austria, besides the fact that its not a very well formulated one from the structural, constitutional and judicial point of view, it represents a part (a small part) of a study that is soaked with racist ideas, having as a source the theory which bases the nation on biological premises, theory which makes a career in the epoch and represents one of the fascism and Nazisms roots. On the base of the creation of a multinational state, Aurel Popovici put on first the separation of the nations between the ethnographic borders, but this separation, from his view, doesnt limit to the frontiers. Along his whole book, he pleaded directly for the rejection of the cultural interference, giving as an example precisely the Jews, who, in his opinion, had succeeded to transform into a power that comprises the whole world by the purity of their race. The evolution of the history confirmed at least two ideas supported by Popovici (too) (1) in the context of the deployment of the World War I, the national states, but independent too, arose pursuant to the national pressure

7 The moment is a historical and a decisive one. for our whole future: will the Habsburgs Empire preserve or will it collapse? Everything can still be aligned, everything can still be saved. Its now or never!, A.C. Popovici wrote at the end of his work. 8 William M. Johnston, The Austrian Mind: An Intellectual & Social History, 1848-1938 (University of California Press, 1983), 321.

(but these didnt become neutral from the national point of view) and (2) the realization of a pan-European construction of community essence.

http://www.thomasgraz.net/glass/map-popov.htm Plan for a federation of independent states based on ethnographic principles: proposed by the Romanian nationalist Aurel C. Popovici in his book Die Vereinigten Staaten von Gro-sterreich (Leipzig, 1906). GermanAustria Bohemia Hungary Carniola GermanBohemia Slowakia Szeklerland Croatia GermanMoravia West Galicia Trentino Vojvodina (mostly Enclaves East Galicia Trieste Transylvania German)

http://www.thomasgraz.net/glass/map-ethn.htm Ethnographic map of the Austro-Hungarian Monarchy, 1910 German Hungarian Slovene Croat, Serb 11,987,000 (24%) 10,051,000 (20%) 1,253,000 (2%) 5,623,000 (11%) Czech Slovak Polish Ruthenian 6,436,000 (13%) 1,946,000 (4%) 4,968,000 (10%) (Ukrainian) 3,983,000 (8%) Italian Ladin, Friulan Romanian TOTAL 768,000 (2%, 3,223,000 (6%) 50,238,000 (100%) incl. LAD, FRI)