Bridge or Shield? Constitutional Identity as the External Protection of the Constitution

The concept of constitutional identity appears in the Anglo-Saxon legal systems and in the supranational system of European integration under different lights and approaches. While in Anglo-Saxon approaches, the interpretation of legal institutions in conformity with the constitution is understood under it, the European concept seems to be applied when possible conflicts between the legal system of the European supranational space and certain provisions of the national constitutions of the Member States arise. In other words, the European concept intends to offer input for the determination of the nature of the relationship between the constitutional provisions of the Member States and the legal acts of the EU integration. The ultimate interpretation of constitutional identity in Europe must be materialized in the practice of constitutional courts as the ensemble of fundamental constitutional provisions and institutions with historical origins defining the constitutional system.