Second Encounter: Tempering Exclusive Identities Through Ponderation—The écart Between Common Constitutional Traditions, Constitutional Identity and Values of the European Union
摘要
In this chapter we examine the dynamic interplay between common constitutional traditions, national constitutional identity and the core values of the European Union. Analysing landmark rulings by the Italian, German, Polish and Hungarian constitutional courts, it highlights contrasting approaches—ranging from relational and inclusive to exclusionary and sovereigntist—towards integrating national identity within the framework of EU Law. The text explores the risks of invoking constitutional identity for exclusionary purposes, especially in the context of political reforms and judicial resistance to EU primacy. Ultimately, it argues for a relational and dialogical conception of constitutional identity, fostering cross-fertilisation between national and European legal orders, and ensuring the protection of shared values and fundamental rights within a pluralistic and cooperative Union.