Constitutional Identity in the Jurisprudence of the Court of Justice of the European Union

While Michel Rosenfeld states that the concept of ’constitutional identity’ is ‘an essentially contested concept as there is no agreement over what it means or refers to’, lately, there is a growing academic interest concerning the respect for constitutional identity as well as the so-called constitutional pluralism and judicial dialogue. Therefore, it is worth to detect the operationalisation of the concept of constitutional identity within the jurisprudence of the CJEU where it might be labeled as a safeguard or standard of legal federalism or as the model of constitutional dialogue aiming to mitigate the national constitutional concerns. In this regard, the enactment of the Lisbon Treaty represents a turning-point. The aim of my presentation is to detect the possible conclusions that could be drawn from the already existing jurisprudence of the CJEU concerning the interpretation of the identity clause, Article 4 (2) of the Treaty on European Union.