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This chapter examines the role of cross-fertilisation in shaping general principles of EU Law and common constitutional traditions, highlighting the importance of judicial dialogue and comparative methodology. These are juridical elements that significantly go beyond the positivistic sphere of which we have spoken in the pars destruens. Rather than imposing harmonisation or assimilation, the EU paradigm encourages a dynamic, circular exchange of legal ideas, allowing national identities and constitutional traditions to inform and enrich the Union’s legal order. This part argues that conflicts and divergences are not pathological but essential for integration and that the legitimacy of constitutional identity claims depends on their presentation within a pluralistic framework of overlapping authorities.

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Second Encounter: Tempering Exclusive Identities Through Ponderation—The Mechanisms of Relational Identity in the Twenty-First Century

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  • 发表日期：

    2026年

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  • Antonio Lazari

摘要

This chapter examines the role of cross-fertilisation in shaping general principles of EU Law and common constitutional traditions, highlighting the importance of judicial dialogue and comparative methodology. These are juridical elements that significantly go beyond the positivistic sphere of which we have spoken in the pars destruens. Rather than imposing harmonisation or assimilation, the EU paradigm encourages a dynamic, circular exchange of legal ideas, allowing national identities and constitutional traditions to inform and enrich the Union’s legal order. This part argues that conflicts and divergences are not pathological but essential for integration and that the legitimacy of constitutional identity claims depends on their presentation within a pluralistic framework of overlapping authorities.