Militant Constitutionalism in Times of Polycrisis: The EU Perspective
摘要
The chapter looks at the development of militant constitutionalism in the realm of the EU, with a focus on the nature and the implications of the rule of law conditionality regulation (n. 2020/2092) and the use of the concept of European identity by the CJEU. I will proceed as follows: first, I will address the question of whether the EU is moving toward a militant constitutional model; second, I will highlight the new role of the concept of European identity in the legal reasoning of the CJEU, which sets the basis for the development of a regime that I define as militant identity; third, I will argue that the use of conditionality may be considered a tool of militant constitutionalism; and finally, I will look at some recent cases and show that they seem to move toward a militant conception of the EU values.