The future of constitutional identity in the European legal order
In the European legal space, constitutional identity is frequently invoked by national courts and governments as a limit to the authority of supranational law. However, initially welcomed as a possible alternative to traditional sovereignty-based discourses, it is increasingly decried as a fig leaf for arbitrariness, a breeding ground for nationalist populism in constitutional adjudication, and a corrosive force in the European legal order. Voices can be heard demanding we banish constitutional identity from our conceptual vocabulary, so as to not embolden the bad faith use of the concept. This panel will discuss the future of constitutional identity in the European legal order. Is the idea an inherently dangerous one? Has the concept become boundless? Or can it still be usefully retained? Is the abuse of the concept merely a symptom of the deterioration of constitutionalism in Europe in general? Can we sharpen the concept‘s boundaries without surrendering it?