Bottom-Up Review

Abstract

Abstract This chapter examines the role that national constitutional courts can play in stabilizing the constitutional homogeneity across the Verbund. Many national legal systems feature certain constitutional principles which make up the Member State’s constitutional identity and which must be respected at the EU level. Voicing concerns in this respect before the Court of Justice and assessing the Union’s compliance with these principles can become an important tool for securing the Verbund’s constitutional homogeneity. Currently, however, many identity doctrines seem rather geared towards destructive contestation. In order for them to become a constructive bottom-up check, this chapter suggests articulating identity concerns under the banner of Article 2 TEU. Eventually, the Union’s values and the Member States’ constitutional identities consist of overlapping principles. Such a shift would foster a more constructive dialogue, counter abuses of identity doctrines, and help ensure constitutional homogeneity throughout the Verbund.