Constitutional Identities and Transformations

Author/s Sergio Bartole
Publishing Year 2020 Issue 2020/1 Language Italian
Pages 13 P. 9-21 File size 166 KB
DOI 10.3280/DC2020-001002
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The Paper deals with the safeguard of the member States’ identity in the frame of the Eu-ropean Union. Through the adoption of the conceptual perspective of the constitutional transformations the paper analyses the credibility of the vindication of their historical identity by States that have had a past of communist and authoritarian regimes. It is doubtful that rebus sic stantibus Hungary and Poland could claim a violation of their identity on the basis of similar constitutional precedents. After their historical experienc-es and the adhesion to EU the identity of those States shares the common European constitutional principles and value.

Keywords: Constitutional tran-sformations; historical identity; constitutional identities; common european constitutio-nal principles; European Union; constitutional common heritage

Sergio Bartole, Identità e trasformazioni costituzionali in "DIRITTO COSTITUZIONALE" 1/2020, pp 9-21, DOI: 10.3280/DC2020-001002