Based on the author's thesis (doctoral)--University of Leuven, 2013.

Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)

This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law.The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

The accelerated pace of European integration since the early 1990s has been accompanied by the emergence of increasingly prominent and multiform oppositions to the process. The term Euroscepticism has appeared with growing frequency in a range of political, media, and academic discourses. Yet, the label is applied to a wide range of different, and occasionally contradictory, phenomena. Although originally associated with an English exceptionalism relative to a Continental project of political and economic integration, the term Euroscepticism is now also identified with a more general questioning of European Union institutions and policies which finds diverse expressions across the entire continent. This volume of European Studies brings together an interdisciplinary team of contributors to provide one of the first major, multinational surveys of the growth of these Eurosceptic tendencies. Individual chapters provide detailed examinations of developments in France, Germany, the Netherlands, the United Kingdom, Ireland, Sweden, Austria, the Czech Republic, Poland, and Switzerland. Overall, the volume draws a distinctive portrait of contemporary Euroscepticism, situating the phenomenon not only relative to the progress of European integration, but also in relation to broader questions concerned with the evolution of party politics and the reshaping of national identities.

Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.