National Constitutional Identity and European Integration

National Constitutional
Identity and European
Integration
New!
‘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.
With contributions by Alejandro Saiz Arnaiz and
Carina Alcoberro Llivina, José Luis Martí, Constance
Grewe, Roberto Toniatti, Rafael Bustos Gisbert,
Giuseppe Martinico, Monica Claes, Aida Torres
Pérez, Maribel González Pascual, Daniel Sarmiento,
Christian Tomuschat, Hèctor López Bofill, Joël
Rideau, Pablo Pérez Tremps, Laurence Burgorgue-
Larsen and Luis López Guerra.
Alejandro Saiz Arnaiz and
Carina Alcoberro Llivina (eds.)
June 2013 | ISBN 978-1-78068-160-3
xii + 326 pp. | hardback
Law and Cosmopolitan Values, volume 4
85 euro | 119 US dollar | 81 GB pound
Series price: 72.25 euro
101 US dollar | 69 GB pound

National Constitutional
Identity and European
Integration
Table of contents
Introduction Why Constitutional Identity Suddenly Matters: A Tale of Brave States, a
Mighty Union and the Decline of Sovereignty – Alejandro Saiz Arnaiz and Carina
Alcoberro Llivina
Chapter 1. Two Different Ideas of Constitutional Identity: Identity of the Constitution
v. Identity of the People – José Luis Martí
Chapter 2. Methods of Identification of National Constitutional Identity – Constance
Grewe
Chapter 3. Sovereignty Lost, Constitutional Identity Regained – Roberto Toniatti
Chapter 4. National Constitutional Identity in European Constitutionalism: Revisiting
the Tale of the Emperor’s New Clothes in Spain? – Rafael Bustos Gisbert
Chapter 5. What Lies Behind Article 4(2) TEU? – Giuseppe Martinico
Chapter 6. National Identity: Trump Card or Up for Negotiation? – Monica Claes
Chapter 7. Constitutional Identity and Fundamental Rights: The Intersection Between
Articles 4(2) TEU and 53 Charter – Aida Torres Pérez
Chapter 8. Criminal Law as an Essential Function of the State: Last Line of
Resistance? – Maribel González Pascual
Chapter 9. The EU’s Constitutional Core – Daniel Sarmiento
Chapter 10. The Defence of National Identity by the German Constitutional Court –
Christian Tomuschat
Chapter 11. What is not Constitutional Pluralism in the EU: National Constitutional
Identity in the German Lisbon Judgment – Hèctor López Bofill
Chapter 12. The Case-Law of the Polish, Hungarian and Czech Constitutional Courts
on National Identity and the ‘German Model’ – Joël Rideau
Chapter 13. National Identity in Spanish Constitutional Court Case-Law – Pablo
Pérez Tremps
Chapter 14. A Huron at the Kirchberg Plateau or a Few Naive Thoughts on
Constitutional Identity in the Case-Law of the Judge of the European Union –
Laurence Burgorgue-Larsen
Chapter 15. National Identity and the European Convention on Human Rights – Luis
López Guerra
For the complete table of contents, please visit www.intersentia.com
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