National constitutional identity and European integration

National constitutional identity and European integration

by Carina Alcoberro Llivina, Alejandro Saiz Arnaiz

Part of Law and cosmopolitan values -- 4.

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"'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"--provided by publisher.

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