Constitutional Identity in the EU— A Shield or a Sword?
German Law Journal, Vol. 18, Issue 7
27 Pages Posted: 4 Jul 2017 Last revised: 16 Dec 2017
Date Written: June 30, 2017
This Article consists of five sections. In the first section, it describes why identity questions matter, particularly in Europe. In the second section, the Article tackles the issue of multiple structural ambiguities affecting the concept of constitutional identity in the European constitutional vocabulary. In the third section, the Article explores trends concerning the use of constitutional identity in the European legal discourse and practice, including the development of alternative interpretations and applications of the notion of constitutional identities in the Member States. The fourth section of the Article combines the analytical accounts outlined in the second section with the trends identified in the third section, contending that different conceptions and applications of constitutional identity have varying effects on the European composite constitutional adjudication system and that the institutional and procedural framework should be calibrated accordingly. The final section of this Article draws some conclusions.
Keywords: Constitutional Identity, EU, National Identity, Judicial Dialogue
JEL Classification: K10, K30, K37, K40
Suggested Citation: Suggested Citation