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The Long Quest for Identity

Political Identity and Fundamental Rights Protection in the European Union

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Edited By Gabriele de Angelis and Paulo Barcelos

The constitutionalisation of the European Union has been a major goal of European politics from the late 1980s until recently. It is supposed to enhance the citizens’ feeling of belonging and give the Union a clearer political identity and legitimacy. The current euro-crisis seems to have stopped the pursuit of an «ever closer» and constitutionalised Union. National interests and intergovernmental bargaining are now at the centre of European business. While we wonder what will become of the European constitutional project, it remains worthwhile to cast additional light onto what it was supposed to be until recently and how it changed the institutional face of the Union. This volume does so by analysing the political and legal facets of constitutionalisation. Contributions delve into the debates that marked the evolution of the constitutionalisation project and its overall institutional consequences, and focus on fundamental rights protection, the implementation of the Charter of Fundamental Rights, legal conflicts between the European Court of Justice and national constitutional courts, and the legal and political balance of power between EU institutions and national authorities with regard to the defence of fundamental rights and the rule of law.

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Introduction GABRIELE DE ANGELIS Constitutionalising the EU. A Story of the Past? . . . . . . . . . 7 Section I Fundamental Rights and Political Identity in the EU PAULO BARCELOS Vitangelo Moscarda’s Syndrome. The Charter of Fundamental Rights and European Constitutionalization . . . . . . . . . . . . . . . . . . 27 EMMA DE ANGELIS The European Identity in the Proceedings of the European Parliament. Cultural Frames and Political Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Section II The Role of Fundamental Rights in the Inter-institutional Struggle GABRIELE DE ANGELIS Enhancing Fundamental Rights Control in Europe. The European Parliament’s Scrutiny of Member States . . . 87 JUSTUS SCHÖNLAU Multi-Level Rights Protection in the European Union. The Sub-national Dimension . . . . . . . . . . . . . . . . . . . . . . . . 135 6Section III Consequences of Constitutionalisation: Legal Dilemmas, Legal Conflicts GIOVANNI DAMELE Legal Certainty in Europe. Legal Pluralism and Argumentative Practices of the European Court of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 TERESA BRAVO The Unbearable Lightness of Fundamental Rights in the European Area of Freedom, Security, and Justice . . . . 173 TERESA VIOLANTE Judicial Function in Context: Contextualising judicial activism in the US Supreme Court and the European Court of Justice . . . . . . . . . . . . . . . . . . . 199 Section IV Expectations and Reality The Charter of Fundamental Rights After Its First Decade: Legal Impact and Political Consequences A Conversation with MIGUEL POIARES MADURO . . . . . . . . . . . 221 Table of Content

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