果冻影院

This event is co-organised by 果冻影院 Laws and . It is generously sponsored by 果冻影院鈥檚 Rome Cities Partnership Programme. Launched in 2018, this cross-果冻影院 initiative supports, funds and promotes the work that 果冻影院 academics carry out with partners in global cities, with the aim of investing in sustainable, multidisciplinary research and teaching partnerships.

Co-organisers: Dr Silvia Suteu (果冻影院) and Dr Cristina Fasone (LUISS Rome)

About the Conference

This two-day research conference will bring together legal scholars, practitioners and constitutional court judges to discuss the rise of constitutional identity review in Europe. This development, most visible in the aftermath of the 2008 Euro-crisis and of the rise of populism in Europe, has thus far not received systematic, cross-country attention. The conference seeks to remedy this by including panels exploring the theoretical roots of the concept and critically assessing doctrines of judicial interpretation invoking constitutional identity, whether in response to domestic or supranational forces.

The conference will bring together judges, practitioners and scholars based in the UK, Italy and elsewhere in Europe to debate questions such as: What, if any, is the added explanatory value of the concept of constitutional identity? Was the rise of constitutional identity review a doctrinal necessity in the face of supranational forces or a doctrinal misstep? Is constitutional identity review constitutional nationalism by another name? Does the simultaneous rise in unconstitutional constitutional amendment doctrines, whereby courts invalidate constitutional amendments on substantive grounds, necessitate constitutional identity review? How much is the rise of constitutional identity review about protecting democracy and how much about enhancing judicial power? Is constitutional identity review especially prone to abuse?

By engaging with scholars and practitioners well-versed in the European jurisdictions where constitutional identity review has been developed, as well as with judges having themselves embraced or rejected the doctrine, the event aims to shed much-needed light on the workings of this novel jurisprudential tool.

Conference Programme (subject to change)

Thursday 12 September 2019
果冻影院 Laws, Bentham House

17:30-17:45 Registration

17:45-18:00 Welcome address

18:00-19:00 Practitioners鈥� panel: Constitutional identity review before the courts

Prof David Feldman, Emeritus Rouse Ball Professor of English Law, Cambridge University and former international judge, Constitutional Court of Bosnia and Herzegovina

Sir Jeffrey Jowell QC KCMG, Blackstone Chambers, inaugural Director of the Bingham Centre for the聽Rule of Law, UK鈥檚 member of the Council of Europe鈥檚 Commission for Democracy through Law (鈥淭he Venice Commission鈥�) (2000-2011) and Professor Emeritus of Public Law, 果冻影院

Judge Francesco Vigan貌, Judge, Italian Constitutional Court and Professor of Criminal Law, Bocconi University in Milan

Moderators: Dr Cristina Fasone (LUISS Rome) and Dr Silvia Suteu (果冻影院)

19:00-19:45 Reception

Friday 13 September 2019
果冻影院 Laws, Bentham House

09:00-09:15 Registration

09:15-11:00 Panel 2: The theoretical underpinnings of constitutional identity

Bosko Tripkovic (Birmingham), 鈥楥onstitutional Identity and Constitutional Value鈥�

Monika Polzin (Augsburg), 鈥楾he Concept of Constitutional Identity: Still Useful or Prone to Abuse?鈥�

Helen Irving (Sydney), 鈥楥onstitutional Identity Theory and Gender: The Missing Referent鈥�

Silvia Suteu (果冻影院), 鈥楥onstitutional Identity as Defence against Populism: The Failings of an Incompletely Theorised Concept鈥�

11:00-11:30 Coffee break

11:30-13:15 Panel 3: Comparative approaches to constitutional identity review

Gabor Halmai (EUI), 鈥楩rom Human Dignity as 鈥淢other Right鈥� Till the Misuse of Constitutional Identity. The Hungarian Constitutional Court鈥檚 Road to Anti-liberal Constitutional Interpretation鈥�

Myriam Hunter-Henin (果冻影院), 鈥業nvoking French Constitutional La茂que Identity before the CJEU and ECtHR鈥�

Nicola Lupo (LUISS Rome), 鈥楾he Italian Constitutional Court and the Dialogic Construction of Constitutional Identities and Traditions鈥�

Anna 艢ledzi艅ska-Simon (Wroc艂aw), 鈥楥onstitutional Identity in Poland: Is the Emperor Putting on the Old Clothes of Sovereignty?鈥�

13:15-14:30 Lunch break

14:30-16:00 Panel 4: Constitutional identity review in between the EU and the Member States

Theodore Konstadinides (Essex), 鈥楢rticle 4(2) TEU: Origins and Implementation鈥�

Pietro Faraguna (Trieste), 鈥楾he Constitutionalization of the European Identity Clause鈥�

Cristina Fasone (LUISS Rome), 鈥楥onstitutional Identity Review in the Framework of the New European Economic Governance鈥�

16:00 Event Close

About the speakers

, Assistant Professor in Constitutional Law, University of Trieste

, Assistant Professor in Comparative Public Law, LUISS Guido Carli Rome

, Emeritus Rouse Ball Professor of English Law, Cambridge University and former international judge, Constitutional Court of Bosnia and Herzegovina

, Director of Graduate Studies, Professor of Comparative Constitutional Law, European University Institute

Dr Myriam Hunter-Henin, reader in Law and Religion and Comparative Law, 果冻影院

, Professor or Constitutional Law, The University of Sydney)

, Blackstone Chambers, inaugural Director of the Bingham Centre on the Rule of Law, UK鈥檚 member of the Council of Europe鈥檚 Commission for Democracy through Law (鈥淭he Venice Commission鈥�) (2000-2011) and Professor Emeritus of Public Law, 果冻影院

, Professor of Law, University of Essex

, Professor of Constitutional and Public Law, LUISS Rome

, Professor or Public Law with a focus on International Law, Augsburg University

, Assistant Professor of Constitutional Law, University of Wroc艂aw

Dr Silvia Suteu, Lecturer in Public Law, 果冻影院

, Senior Lecturer in Law, Director Postgraduate Research, Birmingham Law School

, Judge, Italian Constitutional Court and Professor of Law, Bocconi University in Milan

Queries

For more information or queries in relation to the programme and/or topics please contact either Dr Silvia Suteu at s.suteu@ucl.ac.uk and/or Dr Cristina Fasone at cfasone@luiss.it.

For logistical queries please contact the 果冻影院 Laws Events Team at laws-events@ucl.ac.uk.