This book explores the complex issue of building a common European identity and the factors that contribute to it, with special regard to the role played by the interaction between national Constitutional Courts and European Courts. It considers various approaches and perspectives, with contributions from a range of backgrounds.
This book explores the complex issue of building a common European identity and the factors that contribute to it, with special regard to the role played by the interaction between national Constitutional Courts and European Courts. There is no doubt that the Courts have been key actors in the progressive establishment of this identity over the years by defining elements of homogeneity and affirming or reaffirming essential values, such as human dignity, in respect of that pluralism which represents a distinctive feature of Europe. Nevertheless, this circular movement has not failed to reveal contradictions and concerns that are still unresolved over time. With contributions from authors from a range of backgrounds, this work delves into the theme with a variety of approaches and perspectives. It is structured in three main parts, the first exploring the historical roots of a common European heritage, emphasizing its role in shaping what is currently called the European way of life. The second part examines the lights and shadows of constructing the European identity through the instruments of multilevel and inter-court relationships, by critically analysing the propulsive and homogenising tendencies coming in particular from the Court of Justice of the European Union. The third part considers the so-called dialogue between Courts, by addressing some significant jurisprudential trends of supranational and national Courts and relevant cases in recent years, offering new insights into the model of multilevel protection of rights. Presenting a wide and comprehensive view of these topics, the book will be of interest to those working in the fields of Constitutional, European and Comparative Public Law, as well as Legal History and Sociology.
Foreword: Identity of the European Union and Identities of the Member
States: What is the Relationship?; Preface; Part I: In Search of A European
Way of Life. Identity and Fundamental Rights: Lessons from the Past and
Future Perspectives;
1. Fundamental Rights and the Rule of Law in Ancient
Greece and Rome;
2. Civitas Romana and Civitas Europea A Journey through
History and Politics in Search of a Legal Identity;
3. Identity and Values in
the European Union: The Role of the Rule of Law in the Construction of a
European Identity;
4. European Constitutional Identity in the Light of EU
Enlargement;
5. The New Momentum of the Enlargement Policy and the Need to
Strike the Right Balance between Reform and Enlargement; Part II: The
Construction of the European Constitutional Identity in the Multilevel Legal
System: The Role of the Court of Justice of the European Union;
6. The
Construction of the European Constitutional Identity: Lights and Shadows of
an Ongoing Process;
7. The Constitutional Identity of Member States and of
the European Union;
8. Constitutional Identity by Excess (German Federal
Constitutional Court) and by Default (Spanish Constitutional Court). Pending
Dialogues with the Court of Justice of the European Union;
9. Rule of Law,
Effective Protection of Rights and Independence of the Judicial System;
10.
EU Rule of Law or Rule of Lawyers? The Court of Justice of the EU and Article
2 TEU; Part III: Fundamental Rights, Democracy and Judicial Dialogue: A
Critical Analysis;
11. Judicial Review of Electoral Rights between Luxembourg
and Strasbourg;
12. Constitutional Issues of the Use of Facial Recognition
Technology;
13. European Court of Human Rights Jurisprudence and National
Migration Policies: Exploring the Hermeneutic Tools of Proceduralisation
and Margin of Appreciation;
14. Fundamental Rights Protection and Judicial
Reasoning of the Italian Constitutional Court: Opening Up to Supranational
Models through the Proportionality Test and the Use of Comparative Arguments;
15. The Controversial Issue of the Status of the Child Born Abroad through
Surrogacy. The Dialogue between the Italian Constitutional Court and the
European Court of Human Rights and the Role of the National Legislator
Maria Grazia Rodomonte (PhD) is Associate Professor of Constitutional Law at the Department of Political Science (DISP), Sapienza University of Rome. She is Director of the Sapienza-CIVIS (Europes Civic University Alliance) Advanced Training Course in Rights and Democracy: the Multilevel Protection of Fundamental Rights and the Role of Constitutional and European Courts. She is the author of more than 70 essays related to several issues in Italian Constitutional Law and Political Institutions, including gender equality, regionalism, constitutional justice, multilevel protection of rights, democracy and populisms in Europe. Among the monographies: Leguaglianza senza distinzioni di sesso in Italia. Evoluzioni di un principio a settantanni dalla nascita della Costituzione (Giappichelli 2018); Il bicameralismo incompiuto. Democrazia e rappresentanza del pluralism territoriale in Italia (Padova 2020).
Ludovica Durst (PhD) is Assistant Professor of Constitutional and Public Law at the Department of Political Science (DISP), Sapienza University of Rome, and Associate Researcher at the CNR-CID Ethics. She is Scientific coordinator of the Sapienza-CIVIS (Europes Civic University Alliance) Advanced Training Course on Rights and Democracy: The Multilevel Protection of Fundamental Rights and the Role of the Constitutional and European Courts and PI of the project The judicial protection of rights in the virtual ecosystem. Challenges, critical issues and opportunities for a digital constitutionalism (Sapienza 2022). Shes author of a monography titled Introduzione al ruolo della sicurezza nel sistema dei diritti costituzionali (Aracne 2019) and of scientific publications mainly focusing on protection of fundamental rights, new technologies, constitutional justice.
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