The constitutional identity of the EU was first mentioned by the Court of Justice in the budgetary conditionality judgments and evoked prominently in the values judgment on Hungary referring to the founding values enshrined in Article 2 TEU. It is different from national (constitutional) identity in Article 4(2) TEU and yet, both are reflexively linked. Taking a reflexive approach, the following argues that the founding values in Article 2 TEU are the bedrock of the EU’s constitutional identity and can be distinguished from a corollary comprising certain principles and objectives. This identity does not lead to a hierarchy within the Treaties and takes effect through consistent and systemic interpretation with important implications for the interpretation of competences, possible derogations from the Treaties and the protection of fundamental rights.
European Public Law