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

Foreword: Identity of the European Union and Identities of the Member States: What is the Relationship?

Giovanni Pitruzzella

Preface

Maria Grazia Rodomonte and Ludovica Durst

Part I: In Search of “A European Way of Life”. Identity and Fundamental Rights: Lessons from the Past and Future Perspectives

1. ‘Fundamental Rights’ and the Rule of Law in Ancient Greece and Rome

Athina Dimopoulou

2. Civitas Romana and Civitas Europea – A Journey through History and Politics in Search of a Legal Identity

Daniele Mattiangeli

3. Identity and Values in the European Union: The Role of the ‘Rule of Law’ in the Construction of a European Identity

Maria Cristina Marchetti

4. European Constitutional Identity in the Light of EU Enlargement

Federico Savastano

5. The ‘New Momentum’ of the Enlargement Policy and the Need to Strike the Right Balance between Reform and Enlargement

Francesco Battaglia

Part II: The Construction of the European Constitutional Identity in the Multilevel Legal System: The Role of the Court of Justice of the European Union

6. The Construction of the European Constitutional Identity: Lights and Shadows of an Ongoing Process

Adriana Ciancio

7. The Constitutional Identity of Member States and of the European Union

Elena-Simina Tănăsescu

8. Constitutional Identity by Excess (German Federal Constitutional Court) and by Default (Spanish Constitutional Court). Pending Dialogues with the Court of Justice of the European Union

Antonio López Castillo

9. Rule of Law, Effective Protection of Rights and Independence of the Judicial System

Ludovica Durst

10. EU Rule of Law or Rule of Lawyers? The Court of Justice of the EU and Article 2 TEU

Martin Nettesheim

Part III: Fundamental Rights, Democracy and Judicial Dialogue: A Critical Analysis

11. Judicial Review of Electoral Rights between Luxembourg and Strasbourg

Cristina Fasone

12. Constitutional Issues of the Use of Facial Recognition Technology

Raphaël Déchaux

13. European Court of Human Rights Jurisprudence and National Migration Policies: Exploring the Hermeneutic Tools of ‘Proceduralisation’ and Margin of Appreciation

Giulia Santomauro

14. Fundamental Rights Protection and Judicial Reasoning of the Italian Constitutional Court: Opening Up to Supranational Models through the Proportionality Test and the Use of Comparative Arguments

Giulia Vasino

15. The Controversial Issue of the Status of the Child Born Abroad through Surrogacy. The ‘Dialogue’ between the Italian Constitutional Court and the European Court of Human Rights and the Role of the National Legislator

Maria Grazia Rodomonte

Biography

Maria Grazia Rodomonte (PhD) is Associate Professor of Constitutional Law at the Department of Political Science (DISP), Sapienza University of Rome. She is Director of the Sapienza-CIVIS (Europe’s Civic University Alliance) Advanced Training Course in Rights and Democracy: the Multilevel Protection of Fundamental Rights and the Role of Constitutional and European Courts. She is the author of more than 70 essays related to several issues in Italian Constitutional Law and Political Institutions, including gender equality, regionalism, constitutional justice, multilevel protection of rights, democracy and populisms in Europe. Among the monographies: L’eguaglianza senza distinzioni di sesso in Italia. Evoluzioni di un principio a settant’anni dalla nascita della Costituzione (Giappichelli 2018); Il bicameralismo incompiuto. Democrazia e rappresentanza del pluralism territoriale in Italia (Padova 2020).

Ludovica Durst (PhD) is Assistant Professor of Constitutional and Public Law at the Department of Political Science (DISP), Sapienza University of Rome, and Associate Researcher at the CNR-CID Ethics. She is Scientific coordinator of the Sapienza-CIVIS (Europe’s Civic University Alliance) Advanced Training Course on Rights and Democracy: The Multilevel Protection of Fundamental Rights and the Role of the Constitutional and European Courts and PI of the project The judicial protection of rights in the virtual ecosystem. Challenges, critical issues and opportunities for a ‘digital constitutionalism’ (Sapienza 2022). She’s author of a monography titled Introduzione al ruolo della ‘sicurezza’ nel sistema dei diritti costituzionali (Aracne 2019) and of scientific publications mainly focusing on protection of fundamental rights, new technologies, constitutional justice.