The research project reconstructs conflicts over distribution and recognition within the EU, which have intensified during the Eurozone-crisis, as transnational solidarity conflicts. It analyzes particularly the role national and European constitutional courts play in these conflicts.
The Eurozone crisis is accompanied by a politicization of European governance. Transnational solidarity conflicts, which were pacified for a long time within the paradigm of a permissive consensus, have now developed a new quality. The tsc-project analyzes how these conflicts might be articulated and if constitutional courts may resolve them productively.
The research projects deals with the role of constitutional and apex courts in Germany, Greece, Ireland, Italy, Portugal and Spain as well as on the EU-level. It analyzes more than 100 judgements with regard to their management of transnational solidarity conflicts in the context of the Eurozone crisis.
The tsc-project pursues three research aims: (1) to describe the dynamics of transnational solidarity conflicts and the institutional possibilities of their articulation; (2) to understand the consequences of tsc in the deep structures of national constitutional law; (3) to provide a normative yardstick for the role of constitutional courts in tsc.
The research project is affiliated at the Goethe-University Frankfurt and will be conducted in an intensive collaboration with the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. It was launched on the 1st of March 2017 and is scheduled for five years.
"Constitutional Identity in Europe: Between recognition and conflict"
Panel Talk Christoph Burchard, Anuscheh Farahat, Stefan Kadelbach und Liav Orgad
Apr 26th, 2018
On 24 April the Panel discussion "Constitutional Identity in Europe" which was organized by our project took place at Goethe University Frankfurt. Christoph Burchard, Anuscheh Farahat, Stefan Kadelbach and Liav Orgad contextualized the legal concept of constitutional identity with the political quest of national identity semantics. They addressed the risks as well as the opportunities for the European polity associated with the concept. This is because the demarcation lines between European law and national constitutional law, which are drawn by recourses to an inalienable constitutional identity, not only raise questions of power and not only function as swords and shields within a pluralistic legal space. They have the potential to become joint reference points, which allows for a case-by-case adjustment.