Abstract

The essay proposes that the emergence and failure of the debate on the EU constitu¬tional reform depends, amongst other things, on the rise of what is called «publicity» intended as public policy and governance function: the public management of commu-nication aimed at creating public sphere, improving political communication, partici¬pation and trust, building consensus and legitimacy for a governance agency. The EU appeared to be trying to present an "octroyée" constitution, as its quest for legitimacy has been met by publicity. Therefore, the idea of a democracy based on public discussion of institutional competences and procedures must be replaced by the project of a political community which, in order to be democratic, accepts the risk of conflict on the substan¬tive issues of its policy-making.