Identitarian Arguments to Return to Politics: the Italian Case, or Mascolo v Taricco – Discussants: Giulia Gentile, Rosita Zucaro

Legal arguments that Constitutional Courts deploy to cushion the impact of Union Law on national law refer to the ‘political and constitutional structure of the State’ ex Art. 4(2) TEU and can be generally called ‘identitarian’. These arguments pose tough questions to the advocates of the European integration: the EU may be forced to a ‘tragic choice’, namely, either tolerating inequalities in the application of EU law or accepting the clash with national ‘identities’.
This work casts brighter light on the identitarian arguments referring to the Italian State. It concerns the procedural lanes that the Constitutional Court has walked as well as the political reasons lying at the roots of the same arguments. The aim is to unveil the purely political points that such arguments conceal and to offer those points to public debate, so that the ‘victims’ of the identitarian choices could trigger a healthy re-politicization of the European public space.