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

See all articles by Pietro Faraguna

Pietro Faraguna

University of Trieste; LUISS Guido Carli University - Center for Parliamentary Studies (CESP)

Date Written: June 30, 2017

Abstract

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

Faraguna, Pietro, Constitutional Identity in the EU— A Shield or a Sword? (June 30, 2017). German Law Journal, Vol. 18, Issue 7. Available at SSRN: https://ssrn.com/abstract=2995416 or http://dx.doi.org/10.2139/ssrn.2995416

Pietro Faraguna (Contact Author)

University of Trieste ( email )

Piazzale Europa, 1
Trieste, Trieste 34127
Italy

LUISS Guido Carli University - Center for Parliamentary Studies (CESP) ( email )

Viale Romania 32
Rome, 00187
Italy

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