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National Constitutional Identity and European Integration

National Constitutional Identity and European Integration
Author: Alejandro Saiz Arnaiz (jurist)
Publisher:
Total Pages: 0
Release: 2013
Genre: Constitutional law
ISBN: 9781780681603

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Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)


Constitutional Identity in a Europe of Multilevel Constitutionalism

Constitutional Identity in a Europe of Multilevel Constitutionalism
Author: Christian Calliess
Publisher: Cambridge University Press
Total Pages: 393
Release: 2019-10-24
Genre: Law
ISBN: 1108480438

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Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.


The Abuse of Constitutional Identity in the European Union

The Abuse of Constitutional Identity in the European Union
Author: Julian Scholtes
Publisher: Oxford University Press
Total Pages: 241
Release: 2023-09
Genre: Law
ISBN: 019888317X

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The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.


Limitations of National Sovereignty through European Integration

Limitations of National Sovereignty through European Integration
Author: Rainer Arnold
Publisher: Springer
Total Pages: 199
Release: 2016-02-25
Genre: Law
ISBN: 9401774714

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The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).


The Tangled Complexity of the EU Constitutional Process

The Tangled Complexity of the EU Constitutional Process
Author: Giuseppe Martinico
Publisher: Taylor & Francis
Total Pages: 175
Release: 2022-08-05
Genre: Law
ISBN: 1000630692

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Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.


National Constitutions and EU Integration

National Constitutions and EU Integration
Author: Stefan Griller
Publisher: Bloomsbury Publishing
Total Pages: 863
Release: 2022-08-25
Genre: Law
ISBN: 1509906746

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Do individual constitutions, and the legal cultures underlying them, pose an obstacle to future EU integration? This ambitious collection brings together reports from all the European Member States, systematically setting out their individual constitutional guarantees. In doing so, it tracks possible roadblocks to the future evolution of European integration. Written by recognised authorities in each Member State, it offers an authoritative and rigorous overview of the European Union's constitutional landscape. Its single-structure approach allows for comparison while maintaining consistency. It will become the standard reference work for academics, students and practitioners in the field of European Union law and integration.


The Contested Polity

The Contested Polity
Author: Daniel Augenstein
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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In the process of European constitutionalism, the European Union continues to struggle for a constitutional identity that can generate widespread support amongst its peoples. This problem has triggered two polarised visions of a 'Christian' versus a 'secular' Europe. While the former contends a renaissance of Christian values as embedded in Europe's national constitutional traditions, the latter stresses the value of secularism as providing an allegedly neutral ground for accommodating religious diversity. I shall argue that both accounts fail to provide an accurate description of the relationship between Christian and secular values in the European states, and to develop a convincing normative vision of a European constitutional identity. More precisely, proponents of an either Christian or secular European constitutional identity misperceive the way Christianity and secularism have mutually influenced each other in the process of nation-building; do not recognise that the European nation-states build on hybrid constitutional traditions that continue to endorse both Christian and secular values; are parasitic on a parochial view of national culture that fails to transcend the normative horizon of the nation-state towards a supra-national European perspective. Distinguishing between 'constitutional identity' and 'constitutional tradition' I submit that a European constitutional identity must define its own stance on the relationship between religious and secular values that is only collaterally connected to Europe's national constitutions: for the purpose of a European constitutional identity, national constitutional traditions cannot serve as justifications for curtailing religious claims for recognition in the European public sphere; at the same time, a European constitutional identity does not encroach on the epistemic core of national constitutional identities. This, finally, nurtures the hope that the European Union will one day live up to its self-perception of an open and pluralistic polity.


European Yearbook of Constitutional Law 2022

European Yearbook of Constitutional Law 2022
Author: Jurgen de Poorter
Publisher: Springer Nature
Total Pages: 236
Release: 2023-07-25
Genre: Law
ISBN: 9462655952

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The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.