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Constitutional Identity in a Europe of Multilevel Constitutionalism


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Table of Contents

Part I. Constitutional Identity Introduced and its EU Law Dimension: 1. Constitutional identity introduced Christian Calliess and Gerhard van der Schyff; 2. Article 4(2) TEU as a vehicle for national constitutional identity in the shared European legal system Anita Schnettger; Part II. Constitutional Identity and its Member State Law Dimension: 3. Constitutional identity in Austria: basic principles and identity beyond the abolition of nobility Georg Lienbacher and Matthias Lukan; 4. Constitutional identity in Belgium: a thing of mystery Elke Cloots; 5. Constitutional identity in the Czech Republic: a new twist on an old fashioned idea? David Kosar and Ladislav Vyhnanek; 6. Constitutional identity in Denmark: extracting constitutional identity in the context of a restrained Supreme Court and a strong legislator Helle Krunke; 7. Constitutional identity in France: vices and - above all - virtues Francois-Xavier Millet; 8. Constitutional identity in Germany: one for three or three in one? Christian Calliess; 9. Constitutional identity in Ireland: national and popular sovereignty as checks on European integration Eoin Daly; 10. Constitutional identity in Italy: institutional disagreements at a time of political change Federico Fabbrini and Oreste Pollicino; 11. Constitutional identity in the Netherlands: sailing with others Ernst Hirsch Ballin; 12. Constitutional identity in Poland: is the Emperor putting on the old clothes of sovereignty? Anna Sledzinska-Simon and Michal Ziolkowski; 13. Constitutional identity in Spain: commitment to European integration without giving up the essence of the constitution Jose Martin y Perez de Nanclares; 14. Constitutional identity in the United Kingdom: an evolving concept Paul Craig; Part III. Comparative Constitutional Identity and Multilevel Constitutionalism: 15. Member states of the European Union, constitutions and identity: a comparative perspective Gerhard van der Schyff; 16. The protection of constitutional identity in a Europe of multilevel constitutionalism Christian Calliess and Anita Schnettger.

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

About the Author

Christian Calliess is Professor for Public and European Law at Freie Universitat Berlin, Germany. From 2015 until 2018 he was on leave in order to work as Legal Adviser to the European Political Strategy Center (EPSC), the In-House-Think-Tank of the President of the European Commission, and Head of the Institutional Team. Before 2015 he advised the German Parliament (Bundestag), also representing it before the German Constitutional Court and the Court of the EU, among others in the ESM- and OMT-Case. He co-edits a Commentary on European Law and has regularly published on matters of European, constitutional and environmental law. Gerhard van der Schyff is an Associate Professor in the Department of Public Law and Governance at Tilburg Law School in the Netherlands. His research interests cover European and comparative constitutional law and fundamental rights. Gerhard's research has been referred to in various (minority) opinions, including by the European Court of Human Rights and the Supreme Court of Appeal of South Africa. In 2015, he held a Humboldt Fellowship for Experienced Researchers at the Chair of Professor Christian Calliess at the Freie Universitat Berlin.

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