IECL Lunchtime Seminar with Marco Mauer – Litigating National and Constitutional Identity before the CJEU

The IECL Lunchtime Seminar Series offers our Academic Visitors an opportunity to share their research, exchange ideas, and connect with colleagues on both substantive and methodological aspects of their work. 

Each seminar usually lasts 30–45 minutes, with 20–30 minutes for the presentation followed by 10–15 minutes for Q&A. A light sandwich lunch will be provided.

Marco Mauer
Litigating National and Constitutional Identity before the CJEU

Abstract: 

Since the Treaty of Lisbon, the national and constitutional identities of the EU member states are a justiciable concept under EU law. The Court of Justice of the European Union regularly faces disputes in which litigants claim that a member state's constitutional identity is at stake. This begs the question: How can the European Court of Justice rule on something like constitutional identity, a concept that seems quintessentially national?

This presentation seeks to explore this issue. It analyzes preliminary references to the Court of Justice (CJEU), CJEU rulings, and national decisions following the ruling to understand how the respective judiciaries treat this overlap between national and European law in practice.