Common Values and Constitutional Identities: Can Separate Gears Be Synchronised?
Abstract
The book examines how Central and Eastern European states reconcile national constitutional identity with European integration, providing a comparative, critical insight into how shared European values and national identities coexist – sometimes harmoniously, sometimes in conflict. It focuses on how EU integration interacts with national constitutional identity in Germany, France, Italy, Croatia, Czech Republic, Hungary, Poland, Romania, and the Slovak Republic. It highlights tensions between national sovereignty and the primacy of EU law, as well as whether ultra vires and constitutional review of EU acts create legal pluralism or fragmentation.
The core question are: By what constitutional mechanisms are EU legal acts received or incorporated into each national legal order, and at what hierarchical rank? When EU competences expand beyond the accession settlement, must states amend their constitutions, can courts supply authorization, or do “counter-limits” restrain further transfer? How far may national courts act as constitutional “watchdogs” asserting identity-based limits when EU norms press toward deeper integration, and where do friction points arise?
Chapters
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The Dilemma of the Presumptuous Watchdog: Constitutional Identity in the Jurisprudence of the German Federal Constitutional Court
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National Constitutional Identity Confronted With the Constraints of European Union Law
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Italy and the European Union: A Legal Analysis
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On Croatian Constitutional Identity and European Integration
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Constitutional Identity of the Czech Republic
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Constitutional Identity and Relations Between the European Union Law and the Hungarian Law
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Polish Constitutional Identity and the EU Challenges: European Law as a Tool for the Redrafting of the Polish Constitution
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Constitutional Identity and Relations Between EU Law and Romanian Law
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Constitutional Identity and Relationship Between European Union Law and National Law of the Slovak Republic
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Comparative Analysis: The Shells that Embrace Constitutional Identity
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