Constitution-Mediation-Nexus

Mediation processes are inevitably places of constitutional politics: Negotiation processes create a substitute normativity that implicitly or explicitly attacks the positive law of the current (rump) constitution. An "injection" of norms, values and interests by the actors involved (and third parties) can happen particularly easily in this phase. However, without a sophisticated interaction between constitutional expertise and mediation methodology, it will not be possible to answer the questions of mandates, legitimacy and depth of intervention in a differentiated manner.

Against this background, the project aims to comprehensively bring together knowledge and methodology from both fields. Identifying path dependencies, conflicting goals and zero-sum games – and developing legal and methodological answers – serves to better orchestrate the often-conflicting dynamics of peacebuilding and constitution-making.

This should enable German engagement to make decisive contributions to the normative stabilisation of crisis areas, particularly in phases of great sensitivity and volatility, and to become significantly more effective in this time window, which is critical for many peace processes. By bringing the two logics together, the weaknesses of previous engagements from Afghanistan to Ukraine could be avoided: The conditions set during negotiations made subsequent constitutionally relevant processes more difficult, or constitutional processes sabotaged the results of previous peace negotiations. This normative and methodical gap is to be closed.

The joint project of European University Viadrina and Berghof Foundation is funded by the Federal Foreign Office and will run until spring 2025.