Constitutional Identity in a Europe of Multilevel Constitutionalism

ISBN-13: 9781108480437 / Angielski / Twarda / 2019 / 388 str.

Christian Calliess; Gerhard Van Der Schyff

Opis

In this volume, various leading and well-placed experts explain the key constitutional features, or identities, of selected Member States of the European Union. Not only are these constitutional identities compared, but the notion of such identity is discussed against the background of the EU's constitutional relationship with its Member States.

Spis treści

Part I. Constitutional Identity Introduced and its EU Law Dimension: 1. Constitutional identity introduced Christian Calliess and Gerhard van der Schyff; 2. Article 4(2) TEU as a vehicle for national constitutional identity in the shared European legal system Anita Schnettger; Part II. Constitutional Identity and its Member State Law Dimension: 3. Constitutional identity in Austria: basic principles and identity beyond the abolition of nobility Georg Lienbacher and Matthias Lukan; 4. Constitutional identity in Belgium: a thing of mystery Elke Cloots; 5. Constitutional identity in the Czech Republic: a new twist on an old fashioned idea? David Kosař and Ladislav Vyhnánek; 6. Constitutional identity in Denmark: extracting constitutional identity in the context of a restrained Supreme Court and a strong legislator Helle Krunke; 7. Constitutional identity in France: vices and – above all – virtues François-Xavier Millet; 8. Constitutional identity in Germany: one for three or three in one? Christian Calliess; 9. Constitutional identity in Ireland: national and popular sovereignty as checks on European integration Eoin Daly; 10. Constitutional identity in Italy: institutional disagreements at a time of political change Federico Fabbrini and Oreste Pollicino; 11. Constitutional identity in the Netherlands: sailing with others Ernst Hirsch Ballin; 12. Constitutional identity in Poland: is the Emperor putting on the old clothes of sovereignty? Anna Śledzińska-Simon and Michał Ziółkowski; 13. Constitutional identity in Spain: commitment to European integration without giving up the essence of the constitution José Martín y Pérez de Nanclares; 14. Constitutional identity in the United Kingdom: an evolving concept Paul Craig; Part III. Comparative Constitutional Identity and Multilevel Constitutionalism: 15. Member states of the European Union, constitutions and identity: a comparative perspective Gerhard van der Schyff; 16. The protection of constitutional identity in a Europe of multilevel constitutionalism Christian Calliess and Anita Schnettger.