Constitutional Identity vs (Common) Constitutional Traditions: Much More Complicate than Constitutional Patriotism vs Judicial Dialogue Mood

There is the growing tendency (and temptation) to refer to the language of constitutional identity by Constitutional Courts when constitutional conflicts with the CJEU and the ECtHR are at stake. It has been also argued that the alternative language of common constitutional traditions would be much more pluralistic by nature and more open to the judicial dialogue model and, it would serve better the purpose of regulating inevitable constitutional conflicts in the EU laboratory of transnational law. Against this background, the paper goes beyond the labels “constitutional identity” and “(common) constitutional traditions” as keywords formalistically used to take for granted the (in)existence of a true will of judicial engagement. The goal is to show as, sometimes, the language of common constitutional traditions could be much less pluralistic, less cooperative and especially less transparent and unfit for a productive judicial conversation than that one of constitutional identity.