Constitutional Identity of the European Union: A legal category under construction

  • Pablo Cruz Mantilla de los Ríos Universidad Pompeu Fabra
DOI: https://doi.org/10.18543/ed.2649
Keywords: European constitutional identity, national identity, conditionality of European funds, rule of law

Abstract

European constitutional identity is an emerging legal category in European Union law. Despite the silence of the founding Treaties, the Court of Justice has for the first time explicitly proclaimed its existence. In particular, it states that it is made up of the fundamental values referred to in Article 2 TEU. Its emergence is framed in the context of the crisis of the rule of law as an unavoidable judicial response to the illiberal discourse prevailing in Poland and Hungary. For all these reasons, it is of interest to delve deeper into the meaning and scope of application of this legal figure, as well as the parallels it has with the national identity clause (Article 4.2 TEU).

Received: 28.11.2022
Accepted: 13.12.2022

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Published
2022-12-27
How to Cite
Cruz Mantilla de los Ríos, Pablo. 2022. “Constitutional Identity of the European Union: A Legal Category under Construction”. Estudios De Deusto 70 (2), 153-90. https://doi.org/10.18543/ed.2649.
Issue
Vol. 70 No. 2 (2022)
Section
Studies

Last update: 08/02/2022

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