European Constitutional Identity as the Unamendable Core of the EU Treaties

European constitutional identity as an implicit limit to amending EU treaties – General trend towards acknowledging implicit constraints to constitutional amendments as well as empowering supreme courts and constitutional courts to monitor ‘unconstitutional constitutional amendments’ – Substantive limits to revising EU treaties essentially based on Article 2 TEU – Conditionality mechanism rulings as a point of departure for speculating on the emergence of a European constitutional identity – ECJ’s competence to review EU treaty amendments with a self-restrained approach as a last resort mechanism.

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Publication Details

Journal
European Constitutional Law Review
Published
2024-12-01
DOI
https://doi.org/10.1017/s157401962400035x
Citations
21
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
46.85

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article

European Constitutional Identity as the Unamendable Core of the EU Treaties

Pablo Cruz Mantilla de los Ríos
21 citations
European Constitutional Law Review
European and International Law Studies
46.85
article

European Constitutional Identity as the Unamendable Core of the EU Treaties

Pablo Cruz Mantilla de los Ríos
article en
21 citations

Abstract

European constitutional identity as an implicit limit to amending EU treaties – General trend towards acknowledging implicit constraints to constitutional amendments as well as empowering supreme courts and constitutional courts to monitor ‘unconstitutional constitutional amendments’ – Substantive limits to revising EU treaties essentially based on Article 2 TEU – Conditionality mechanism rulings as a point of departure for speculating on the emergence of a European constitutional identity – ECJ’s competence to review EU treaty amendments with a self-restrained approach as a last resort mechanism.

European Constitutional Law ReviewVol. 20(4)
Universitat Pompeu Fabra (ES)
Universiteit van Amsterdam, Universiteit Maastricht, Ministerio de Ciencia e Innovación
Openalex Percentile: Top 0%
European and International Law Studies
46.85
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European Constitutional Identity as the Unamendable Core of the EU Treaties — Pablo Cruz Mantilla de los Ríos · European Constitutional Law Review (2024) | TGRS Research Map | TGRS