Constitutional concepts as tools for democratic backsliding?

This paper examines the evolving role of national identity in the European Union, focusing on the current divergence regarding its normative content as a legal term within Article 4(2) TEU. Both academic and judicial perspectives are explored, with particular emphasis on whether the provision protects constitutional identity. It argues that the interchangeable use of those identity concepts lacks a solid legal foundation and can be exploited by populist leaders to challenge the primacy of EU law and undermine fundamental democratic values. Furthermore, the paper addresses the potential emergence concept of a “European Constitutional Identity” grounded in the values enshrined in Article 2 TEU and its implications for Member States’ national identities.