EU Constitutional Identity as a Standard of Transitional Justice

The values of the European Union that are “common to the Member States” can provide a basis for reconstituting national constitutional orders that have been kidnapped by autocrats. Just as the EU was formed out of a common empirical base of agreement (or at least a common set of assumptions) about shared values, so now the EU member states that have deviated from those common values can be assisted by the EU and other members states in restoring these shared points of normative orientation. Doing this requires elaborating what the EU Constitution is and what its values are in concrete enough terms that they can be of assistance in restoring democratic constitutionalism at national level.