Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-25T16:57:43.202Z Has data issue: false hasContentIssue false

16 - The Protection of Constitutional Identity in a Europe of Multilevel Constitutionalism

from Part III - Comparative Constitutional Identity and Multilevel Constitutionalism

Published online by Cambridge University Press:  03 October 2019

Christian Calliess
Affiliation:
Freie Universität Berlin
Gerhard van der Schyff
Affiliation:
Universiteit van Tilburg, The Netherlands
Get access

Summary

The last chapter concentrates on this book’s underlying idea of characterising the relationship between EU law and national constitutional law as a system of multilevel constitutionalism. Staatenverbund and Verfassungsverbund are explained as ways of conceptualising the EU. Verbund, understood as a descriptive concept, builds on these concepts and explains the existing reality of the EU legal system, which contains both hierarchical and heterarchical elements. It is further developed as a normative concept with the aim of finding ways of optimising various forms of contextual interactions, mutual interdependence, and the interlinkage between EU law and national law in order to gain an effective solution for each individual problem at hand. Finally, the chapter also shows how thinking within the system of multilevel constitutionalism provides the framework and individual tools to balance the protection of Member States’ expressions of constitutional identity with the provisions and principles of EU law. Some possibilities for various joint EU and national legislative or judicial decisions are also outlined.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×