National Identity, the European Constitutional Core and the Intangibility of the Union’s Foundations: A Look into the Future of the European Union
Abstract
This article examines the evolution and tensions surrounding the notion of constitutional identity within the framework of the European Union, with special attention to Article 4.2 TEU and its invocation by national constitutional courts against the primacy of EU law. It explores the emergence of a European constitutional identity, grounded in fundamental values such as human dignity, democracy, the rule of law, and fundamental rights, which has been progressively consolidated by the Court of Justice as an intangible and non-derogable core. The study contrasts this supranational identity with national constitutional identities, highlighting the normative and political conflicts that arise, particularly in the cases of Poland and Hungary. Finally, it advances a doctrinal proposal for a principle of non-disposability of the Union’s constitutional foundations, aimed at safeguarding the EU’s constitutional order against both internal challenges and those arising from future enlargements.
Received: 25 October 2025
Accepted: 2 February 2026
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Last update: 08/02/2022
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