Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

2 results

  • 7 - Constitutional Identity in France

  • from Part II - Constitutional Identity and Its Member State Law Dimension
  • Edited by Christian Calliess, Freie Universität Berlin, Gerhard van der Schyff, Universiteit van Tilburg, The Netherlands
  • Book:
    Constitutional Identity in a Europe of Multilevel Constitutionalism
    Published online:
    03 October 2019
    Print publication:
    24 October 2019, pp 134-152

  • Summary

    On the face of it, from the perspective of some orthodox EU lawyers, constitutional identity may sound like another open-ended limit to EU integration – and a limit of the worst kind. Admittedly, if over-extensively relied on and construed in a very conservative manner, identity can be a powerful weapon in the hands of constitutional court justices who would somehow transfer warfare between Member States from actual frontlines to judicial terrain. Yet this chapter argues that there are not only – or perhaps even mainly – vices attached to national constitutional identity, at least in the French approach. As long as it is used wisely, that concept may indeed have several virtuous effects at the systemic and also the substantive level. It is ultimately for the alchemists of constitutional identity (that is, constitutional courts, in conjunction with the Court of Justice of the European Union) to decide to make of that concept either a bridge between legal orders, a porous boundary, or a thick and high wall.