PANEL SESSIONS I MONDAY JUNE 25 2018 4.45 PM – 6.15 PM

Room: CYTT 3.21

  • CONSTITUTIONAL IDENTITY AS A LIMIT FOR CONSTITUTIONAL REFORM AND SUPRANATIONAL INTEGRATION
    The term “constitutional identity“ has emerged in jurisprudence and academic debate as a limit of constitutional reform and supranational integration. However, the basis of this concept is rather unclear and must be closely examined from a theoretical and comparative perspective.Therefore, the panel intends to clarify whether constitutions have implicit limits to their reform even if explicit clauses such as articles 79.3 German Basic Law, 288 Portuguese Constitution or 110.1 Greek Constitution do not exist. A similar question arises for the impact of supranational law on national constitutional law. We must reflect on how to determine the core elements of the constitution which are exempt from revision or supranational impact, in a narrow or large, dynamic way and how to harmonize the national and supranational perspective of constitutional identity. Furthermore, identification through constitutional law shall be taken into consideration.
  • Constitutional Identity: Constitutional Amendments or Judicial Interpretation
    Constitutional identity denotes in its internal aspect how the constitution expresses its identity based on historical, political and legal developments that took place in the past. In its external aspect, constitutional identity concerns the way in which the constitution aspires to consolidate its supremacy over international and supranational (EU) law. These facets of constitutional identity at times overlap, so in the experience of Lithuania, Latvia and some other newly re-established European states The constitutional identity of Lithuania has been clearly reflected through the interpretation by the Constitutional Court. Against this background, this report will analyse and compare the expressions of constitutional identity and will reveal how internal constitutional identity overlaps with its external counterpart, with respect to the openness of the Constitution towards EU integration and EU law. The experience of Hungary, Moldova and Russia will also be addressed..
  • Constitutional identity in the jurisprudence of the Court of Justice and of Constitutional Courts
    The European Union aspires to the primacy of its entire normative production over the entire law of the Member States. On the other hand, Member States remain inflexible about the ultimate superiority of their Constitutions over any other right. The constitutional jurisdictions of States even seem to be coalescing in order to impose their respective Constitutions as the ultimate horizon. If the conflict appears insurmountable, the current relationship working between the material constitution of the Union and the Constitutions of States seems to pave the way to a convergence.
  • Constitutional Identity as a Tool to Analyse Constitutional Change
    This paper presents the understanding of the constitutional identity in the jurisprudence of the Polish Constitutional Court, with regard to European integration. The Court defines constitutional identity as a sum of certain legal principles of the Constitution of 1997. It seems more adequate to understand identity as allowing changes, including amendments of the core provisions of the Constitution, which do not destroy constitutional identity. This is named limited, or narrative constitutional identity. Constitutional identity is an indicator for the issue of constitutional change. The Constitution of 1997 has quite profoundly changed, although no formal amendment took place. Still the Constitution has maintained its identity. The awareness of constitutional identity can complicate the discussion of constitutional change, specifically the possibility to change the Constitution at any time. The Constitution of 1997 contains a safeguard against its changes, constitutional identity.
  • The Concept of Citizenship as Means of Constitutional identity: Turkish case
    Modern societies are characterised by ethnic, religious, linguistic and also ideological pluralism. Constitutional identity is an important tool to bind a society divided by various aspects. The concept of citizenship is a legal status and it refers to identification as a member of society. Hence, citizenship is inherently linked to the constitutional identity. The Turkish constitutions since the Republic was founded have contained a provision regarding ‘citizenship‘. In this paper I focus in particular on understanding of citizenship in Turkish constitutionalism and its relationship with the constitutional identity. Hence I will discuss whether the concept of constitutional citizenship has an inclusive part to maintain the constitutional identity in Turkey.