Constitutional identity emerged in the EU as a distinctive claim of post-WW II constitutionalism. Within this frame, CI originally consisted of distinctive claims of post-WW II State-centred liberal constitutionalism, including the protection of the rule of law, fundamental rights and the separation of powers. In the last decades, CI has been prone to a process of abuse and manipulation, with the well-known departure from its liberal constitutional origins. The emergence of “unconstitutional constitutional identities” led the Court of Justice to identify an autonomous concept of constitutional identity of the EU, which may set ultimate boundaries to the illiberal manipulation of the concept of national constitutional identities. The paper will illuminate this process from the perspective of the theoretical models of militant democracy: is the emergence of an autonomous concept of constitutional identity of the EU affirming a militant conception of constitutional identity?
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!