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https://doi.org/10.1007/978-94...
Part of book or chapter of book . 2023 . Peer-reviewed
License: Springer Nature TDM
Data sources: Crossref
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
SSRN Electronic Journal
Article . 2022 . Peer-reviewed
Data sources: Crossref
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The Constitutional Identity of the EU as a Counterbalance for Unconstitutional Constitutional Identities of the Member States

Authors: Tímea Drinóczi; Pietro Faraguna;

The Constitutional Identity of the EU as a Counterbalance for Unconstitutional Constitutional Identities of the Member States

Abstract

This chapter examines the concept of constitutional identity of the EU from the perspective of public law. As the term appears in the TEU and, in the last 15 years, has been used by different apex courts, it draws on the trend of using constitutional identity as a legal argument against EU obligations or creating constitutional law arguments for this purpose. Thus, the chapter claims that the mandate to respect constitutional identities, as stated in Article 4(2) TEU, finds a limit in the respect for EU constitutional identity. The chapter argues that the EU constitutional identity could be identified in the same manner most Member States identify constitutional identity. Therefore, it argues that constitutional identity is a concept both applicable to the EU and the EU Member States, and to make these concepts compatible, Member States’ constitutional identities are to be respected as long as they are not incompatible with EU constitutional identity, consisting of fundamental principles of constitutionalism.

Country
Italy
Keywords

Misuse, Democratic backsliding, Constitutional identity, Constitutional identity; European Union; Democratic backsliding; Regression; Abuse; Misuse, European Union, Abuse, Regression

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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
10
Top 10%
Average
Average
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