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Identidad nacional e integración europea
Revista española de derecho constitucional, ISSN 0211-5743, Año nº 34, Nº 100, 2014, págs. 425-434
‘National constitutional identity’ has become the new ‘buzz word’ in European constitutionalism over the past few years. 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, demonised for potentially disintegrating the EU, and wielded as a ‘sword’ by certain constitutional courts. Scholars, judges and advocates general have rendered the concept currently so fashionable and yet so ambivalent that an in-depth analysis putting some order into the intense debate over constitutional identity is warranted.
This collection brings together a series of contributions from the perspective of both scholars and judges 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. The next contributions analyse (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues the authors touch 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 chapters dealing with the case-law of European courts on national constitutional identity include 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 analysed European Court of Human Rights.
Why Constitutional Identity suddenly matters: a tale of brave states, a mighty union and the decline of sovereignty
págs. 1-15
Two different ideas of Constitutional Identity: identity of the constitution v. identity of the people
págs. 17-36
págs. 37-48
págs. 49-73
National Constitutional Identity in european constitutionalism: revisiting the tale of the emperor's new clothes in Spain?
págs. 75-91
págs. 93-108
National Identity: Trump card or up for negotiation?
págs. 109-139
Constitutional Identity and fundamental rights: the intersection between articles 4(2) TEU and 53 charter
págs. 141-157
Criminal law as an essential function of the state: last line of resistance?
págs. 159-175
págs. 177-204
págs. 205-219
What is not constitutional pluralism in the EU: National Constitutional Identity in the German Lisbon Judgment
págs. 221-242
págs. 243-261
págs. 263-273
págs. 275-304
págs. 305-321
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