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The Abuse Of Constitutional Identity In The European Union
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Book Synopsis The Abuse of Constitutional Identity in the European Union by : Julian Scholtes
Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Abuse of Constitutional Identity by : Julian Scholtes
Download or read book The Abuse of Constitutional Identity written by Julian Scholtes and published by . This book was released on 2022 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Constitutional identity' has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. 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'. However, the rise of 'illiberal democracies' within the European Union, especially exemplified by the democratic backsliding of Hungary and Poland, has put constitutional identity into a questionable spotlight. Both countries have been leaning on the constitutional identity to both erode European legality and defend their authoritarian constitutional projects againstEuropean criticism. This dissertation deals with the question of how to delimit legitimate invocations of constitutional identity from abuses of constitutional identity. It develops a typology of constitutional identity abuse in three dimensions: The generative, the substantive, and the relational. The generative dimension is concerned with how a constitutional identity claim has come about, its relation to constituent power, constitutional enactment and amendment, the independence of courts, and the regulation of historical memory. The substantive dimension deals with what a constitutional identity claim entails, digging into the normative expectations invoked by the concept and the ways in which it ought to be regarded as intertwined with and embedded in a normative conception of constitutionalism. Finally, the relational dimension is concerned with how a constitutional identity claim is advanced. Advancing a constitutional identity claim in the European legal space evokes notions of diversity, dialogue, recognition, and pluralism, which need to be reciprocated. In each of these dimensions, ways in which constitutional identity can be abused will be identified, using Europe's 'backsliding democracies' Hungary and Poland as the primary case studies, while discussing other countries where appropriate.
Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess
Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Book Synopsis National Constitutional Identity and European Integration by : Alejandro Saiz Arnaiz (jurist)
Download or read book National Constitutional Identity and European Integration written by Alejandro Saiz Arnaiz (jurist) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Book Synopsis Limitations of National Sovereignty through European Integration by : Rainer Arnold
Download or read book Limitations of National Sovereignty through European Integration written by Rainer Arnold and published by Springer. This book was released on 2016-02-25 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis The Tangled Complexity of the EU Constitutional Process by : Giuseppe Martinico
Download or read book The Tangled Complexity of the EU Constitutional Process written by Giuseppe Martinico and published by Taylor & Francis. This book was released on 2022-08-05 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Identity and European Union Axiology by : Grzegorz Pastuszko
Download or read book Constitutional Identity and European Union Axiology written by Grzegorz Pastuszko and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Abuse of Constitutional Identity in the European Union by : Julian Scholtes
Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-08-08 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Constitutional Identity of Member States and the Primacy of European Union Law by :
Download or read book The Constitutional Identity of Member States and the Primacy of European Union Law written by and published by . This book was released on 2013 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis National(ist) Constitutional Identity? by : Gábor Halmai
Download or read book National(ist) Constitutional Identity? written by Gábor Halmai and published by . This book was released on 2017 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses a decision of the Hungarian Constitutional Court issued in December 2016, in which the judges refer to the country's constitutional identityto justify the government's refusal to apply the EU's refugee relocation scheme in Hungary. The misuse of constitutional identity, the paper argues cannot be derived from the previous jurisprudence of the Court. Right before and after the EU accession of the country the Court followed a mild approach of limited EU law primacy approach, which did not change immediately after Viktor Orbán's government introduced an illiberal constitutional system and packed the Constitutional Court after 2010. The reason for change has been the government's anti-migration policy, and the Court was instrumental to justify the government's desire to exclude refugees from Hungary and to evade its obligations under European law. The paper concludes that this abuse of constitutional identity for merely nationalistic political purposes discredits every genuine and legitimate reference to national constitutional identity claims, and strengthens the calls for an end of constitutional pluralism in the EU altogether.
Book Synopsis National Constitutions and EU Integration by : Stefan Griller
Download or read book National Constitutions and EU Integration written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 863 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Contested Polity by : Daniel Augenstein
Download or read book The Contested Polity written by Daniel Augenstein and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Jurisprudence of Particularism by : Kriszta Kovács
Download or read book The Jurisprudence of Particularism written by Kriszta Kovács and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law. The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Book Synopsis Successfully Articulating National Constitutional Identity Claims by : François-Xavier Millet
Download or read book Successfully Articulating National Constitutional Identity Claims written by François-Xavier Millet and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 4(2) Treaty of the European Union (TEU) has not played any autonomous role up to now. Cases involving that provision have not been handled differently by the Court than cases involving derogations to free movement. In this article, after an analysis of the existingcase law on Article 4(2) TEU, I make the case for a bolder and exceptional use of Article 4(2) TEU where genuine national constitutional identity claims (NCI claims) directly clash with provisions of EU law. I provide a normative framework of analysis to identify genuine NCI claims and determine how the Court should address them. 'Strait is the gate and narrow is the way' is certainly a relevant metaphor to capture the possibility for genuine NCI claims to be successful. In view of its own mission and constraints, the Court is only to accept well motivated, narrow claims that are strictly based on crucial and distinctive features of national law that are embedded in the national Constitution and do not run against the own constitutional identity of the Union.
Book Synopsis Citizenship in the European Union by : Anne Wesemann
Download or read book Citizenship in the European Union written by Anne Wesemann and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes a new approach to constitutional analysis of the EU and its legal framework, arguing that the existence of constitutional rights norms within EU law enables this particular legal order to respond effectively to societal and political challenges within the rigidity of constitutionalism. Providing new perspectives on constitutionalism in the EU, this book considers the way the Court of Justice of the European Union (CJEU) discusses and applies the EU citizenship Treaty norms by analysing the courts approach to decision making, which resembles the balancing and weighing of conflicting principles.
Book Synopsis The Legitimacy of EU Criminal Law by : Irene Wieczorek
Download or read book The Legitimacy of EU Criminal Law written by Irene Wieczorek and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the history of the EU competence, EU policy discourse and EU legislation in the field of criminalisation from Maastricht until the present day. It asks 'Why EU Criminal Law?' looking at what rationales the Treaty, policy document and legislation put forth when deciding whether a certain behaviour should be a criminal offence. To interpret the EU approach to criminalisation, it relies on both modern and post-modern theoretical frameworks on the legitimacy of criminal law, read jointly with the theories on the functions of EU harmonisation of national law. The book demonstrates that while EU constitutional law leans towards an effectiveness-based, enforcement-driven, understanding of criminal law, the EU has in fact in more than one instance adopted symbolic EU criminal law, ie criminal law aimed at highlighting what values are important to the EU, but which is not fit to actually deter individuals from harming such values. The book then questions whether this approach is consistent or in contradiction with the values-based constitutional identity the EU has set for itself.
Book Synopsis The EU Constitution by : Gráinne De Búrca (jurist.)
Download or read book The EU Constitution written by Gráinne De Búrca (jurist.) and published by . This book was released on 2005 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a lecture presented by the author, this book analyzes how the treaty establishing a constitution for Europe adds to Europe's search for an international identity. De BÃ?°rca submits that the boldest of the novel features of the new constitution, and the weight of significance of the changes which it has introduced, lie in the external domain. She launches the challenging question whether the emphasis on Europe's "global role" and its international identity will be the factor that ultimately will be capable of triggering the public imagination in such a way as to generate sufficient support for the ratification of the constitution and-in the long term-to generate a sense of European solidarity, rather than the internally focussed changes brought about by the constitutional treaty.
