In an article published yesterday, May 15, 2026, Alessandro Mazzarini delves into the profound historical connection between Roman law and the foundational principles of the European Union. The piece, titled ‘From Rome to Europe: The Law that Unites’, draws parallels between the unifying function of law in ancient Rome and its modern-day role in the European context.
The Roman Foundations of Law
Mazzarini begins by referencing key Roman jurists to illustrate the early conceptualizations of law. From Justinian’s Institutions, he cites Ulpian, who asserted that "Public law is that which pertains to the welfare of the commonwealth." Gaius further distinguished between civil law (ius civile), specific to a people, and the law of nations (ius gentium), universally observed due to natural reason. Papinian’s declaration that "Law is a common precept" and Modestinus’s view that "all law was created by consent, or established by necessity, or confirmed by custom" underscore the varied origins and purposes of Roman legal thought.
From Ancient Principles to Modern Constitutions
The article then bridges the centuries, connecting these ancient Roman legal principles to contemporary legal frameworks, specifically the Italian Constitution and the Charter of Fundamental Rights of the European Union.
Article 11 of the Italian Constitution is highlighted for its assertion that Italy "agrees, on conditions of equality with other States, to limitations of sovereignty necessary for an order that ensures peace and justice among Nations; it promotes and encourages international organizations directed to that aim." This constitutional provision reflects a willingness to cede national sovereignty for the greater good of international peace and justice, a sentiment that resonates deeply with the objectives of the European Union.
The European Union: A Modern Unifying Force
The preamble to the Charter of Fundamental Rights of the European Union further reinforces this theme of unity, stating that "The peoples of Europe, in creating an ever closer union among themselves, have decided to share a peaceful future based on common values." The Charter emphasizes that the EU is founded on "indivisible and universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law." It places the individual at the heart of its actions, establishing Union citizenship and creating an area of freedom, security, and justice.
The EU’s commitment to "safeguarding and developing these common values while respecting the diversity of the cultures and traditions of the peoples of Europe, as well as the national identities of the Member States and the organization of their public powers at national, regional and local levels," is also noted. This commitment, alongside the principle of subsidiarity and the rights derived from constitutional traditions, demonstrates a nuanced approach to unity that respects diversity.
The Call for a Federal Europe
Mazzarini concludes by drawing a powerful parallel: just as Rome’s political unity was forged through law, the European Union has carried this function forward for decades. However, he argues that for the EU to truly fulfill its potential, it must evolve into a political entity akin to a federal state, much like Rome did in its time. This transformation, he suggests, is essential for the EU to achieve a deeper and more robust form of unity.
The article underscores the enduring power of law as a tool for political integration and societal cohesion, from the ancient Roman Empire to the aspirations of a more unified Europe.
