Judicial Review, Fundamental Rights and Rule of Law: The Construction of the European Constitutional Identity

The book explores the factors that contributed to the definition of a ‘European identity’ with special regard to the role played by the interaction between national Constitutional Courts and European Courts. There is no doubt that the Courts have been key actors in the progressive establishing of this identity over the years by defining elements of homogeneity and affirming or reaffirming essential values, such as human dignity, in respect of that pluralism which represents a distinctive feature of Europe; nevertheless, this ‘circular movement’ has not failed to reveal contradictions and concerns that are still unresolved over time. Thanks to the reflections developed by the group of authors collaborating to this publication, the book delves into the theme with a variety of approaches and perspectives. More specifically, it is structured in three main parts: i) the historical roots of a common European heritage, emphasizing its role in shaping what is currently called the ‘European way of life’; ii) ‘lights and shadows’ of constructing the European identity through the instruments of multilevel and inter-court relationships, by critically analysing the propulsive and homogenising tendencies coming in particular from the CJEU; iii) the so-called ‘dialogue between Courts’, by addressing some significant jurisprudential trends of supranational and national Courts and relevant cases in recent years, offering new insights into the ‘model’ of multilevel protection of rights.