A ‘right to have rights’ in the EU public sphere? An Arendtian justification for the application of the EU Charter of Fundamental Rights

This paper discusses the Court’s reasoning in interpreting the EU Charter, using recent case law on horizontal effect as a case study. It identifies two possible means of interpreting the provisions of the Charter: firstly, an approach based on common values (e.g. equality or solidarity) and, secondly, an approach based on access to the public sphere. It argues in favour of the latter. Whereas an approach based on common values is more consonant with the development of the case law so far, it is conceptually problematic: it involves subjective assessments of the importance and degree of ‘sharedness’ of the value in question, which can undermine the equal constitutional status of different Charter provisions. Furthermore, it marginalises the Charter’s overall politically constructional character, which distinguishes it from other sources of rights protection listed in Art 6 TEU. The paper argues that, as the Charter’s provisions concretise the notion of political status in the EU, they have a primarily constitutional, rather than ethical, basis. Interpreting the Charter based on the very commitment to a process of sharing, drawing on Hannah Arendt’s idea of the ‘right to have rights’ (a right to access a political community on equal terms), is therefore preferable. This approach retains the pluralistic, post-national fabric of the EU polity, as it accommodates multiple narratives about its underlying values, while also having an inclusionary impact on previously underrepresented groups (e.g. non-market-active citizens or the sans-papiers) by recognising their equal political disposition.

Fieldworks from the Museum of the Void: Experiments in the Event of an Archive

This exhibition was a research presentation of works made at Center for Land Use Interpretation [CLUI]base in Wendover, Utah, USA between 2008-2010. The project was commissioned by the Centre For Land Interpretation in USA and funded by The Henry Moore Foundation in the UK. Documentation of research conducted in the field as made available as video and installation. An experimental discourse on the preservation of land art was put with GPS drawings and research information displayed as maps and documents. In examining physical sites in Utah, USA, the project connected to contemporary discourse centred on archives in relation to land art and land use. Using experimental processes conceived in relation to key concepts such as event structures and entropy, conceptual frameworks developed by Robert Smithson (USA) and John Latham (UK), the 'death drive' of the archive was examined in the context of a cultural impulse to preserve iconic works. The work took items from Lathams archive and placed them at the canonical 'Spiral Jetty', Smithson land art work at Rozel Point north of Salt Lake City. This became a focus for the project that also highlighted the role of the Getty Foundation in documenting major public artworks and CLUI in creating an American Land Museum. Work was created in the field at extreme remote locations using GPS technologies and visual tools were developed to articulate the concepts of the artists discussed, to engage the exhibition audience in ideas of transformation and entropy in art. Audiences were encouraged to sign a petition to be used in future preservation of spiral jetty currently facing development challenges.

e-poltergeist

E-poltergeist takes over the user’s internet browser, automatically initiating Web searches without their permission. Web-based artwork which explores issues of user control when confronted with complex technological systems, questioning the limits of digital interactive arts as consensual reciprocal systems. e-poltergeist was a major web commission that marked an early stage of research in a larger enquiry by Craighead and Thomson into the relationship between live virtual data, global communications networks and instruction-based art, exploring how such systems can be re-contextualised within gallery environments. e-poltergeist presented the 'viewer' with a singular narrative by using live internet search-engine data that aimed to create a perpetual and virtually unstoppable cycle of search engine results, banner ads and moving windows as an interruption into the normal use of an internet browser. The work also addressed the ‘de-personalisation’ of internet use by sending a series of messages from the live search engine data that seemed to address the user directly: 'Is anyone there?'; 'Can anyone hear me?', 'Please help me!'; 'Nobody cares!' e-poltergeist makes a significant contribution to the taxonomy of new media art by dealing with the way that new media art can re-address notions of existing traditions in art such as appropriation and manipulation, instruction-based art and conceptual art. e-poltergeist was commissioned ($12,000) for 010101: Art in Technological Times, a landmark international exhibition presented by the San Francisco Museum of Modern Art, which bought together leading international practitioners working with emergent technologies, including Tatsuo Miyajima, Janet Cardiff, Brian Eno. Peer recognition of the project in the form of reviews include: Curating New Media. Gateshead: Baltic Centre for Contemporary Art. Cook, Sarah, Beryl Graham and Sarah Martin ISBN: 1093655064; The Wire; http://www.wired.com/culture/lifestyle/news/2000/12/40464 (review by Reena Jana); Leonardo (review Barbara Lee Williams and Sonya Rapoport) http://www.leonardo.info/reviews/feb2001/ex_010101_willrapop.html All the work is developed jointly and equally between Craighead and her collaborator, Jon Thomson, Slade School of Fine Art.