The first dissemination event organised by the Central European Academy in Budapest as part of the CEA Professors’ Network project was the international webinar ‘The EU principle of the rule of law and the constitutional identity of European states‘, which took place in Budapest, in a remote format, on 31 October 2023. The event was intended to be scientific and provided a forum for the promotion of knowledge and the exchange of views in the area of European law issues.
The key issue that determined the substantive shape of the agenda was the notion of constitutional identity as referred to in Article 4(2) TEU, interpreted in the context of the rule of law. As is well known, in recent years the concept indicated has become an important element in the academic debate on the relationship between nation states and the EU. Such a state of affairs was undoubtedly influenced by the high cognitive value of this issue, already in itself encouraging representatives of various legal disciplines to initiate scientific research in this area, but it was also determined by the practical value of the findings made, allowing the indication of the possible directions of interpretation of the conceptual category in question, and thus a better understanding of what is the place of Member States with their traditional legal and constitutional infrastructure in a unifying Europe.
Aware of this state of affairs, the organisers decided to attempt to look at the phenomenon of constitutional identity of selected European states from the perspective of axiological, but also praxeological implications of the rule of law. In this way, they created an opportunity to conduct a scientific discussion, which aimed to discuss selected aspects of the issue in question, in particular seeking to clarify which elements of the identity of individual states can be considered compatible with the understanding of the EU rule of law and which are in conflict with it. Moreover, they have also made it possible to clarify how far the rule of law interacts when it comes to shaping the legal devices that make up their constitutional structure, and what the contemporary idea of a European integration process means in this context.
The speakers of the webinar were invited guests, specialists in European and constitutional law, researchers coming from various European academic centres (Macedonia, Serbia, Romania, Poland). Specifically, they were Professor Goral Ilik, Professor Mladen Karadjovski, Professor Tanja Jordanovska-Karakmisheva, Professor Maja Nastic, Professor Carmen Moldovan.
The audience, on the other hand, consisted of invited scientists, representatives of several academic institutions and students, mainly from the University of Rzeszów, but also from other universities. The total number of listeners was approximately 50.
The webinar was officially opened by dr hab. Grzegorz Pastuszko, who welcomed the guests and then emphasised the nature of the event and what it entailed. He made it clear that the webinar was part of a project prepared by the Central European Academy in Budapest: CEA Professors’ Network and serves to disseminate the results of scientific research related to the issues of rule of law and constitutional identity.
The webinar was divided into two thematic panels, chaired by dr hab. Grzegorz Pastuszko. Within the framework of the first one, their speeches were delivered consecutively: 1) Professor Goral Ilik, ‘Constitutional Toleration: The Constitutional Relationship between the European Union and its Member States’; 2) Professor Mladen Karadjovski, ‘Reforms of the constitutional systems of the western balkan countries regarding the aspect of human rights protection’, 3) Professor Tanja Jordanovska-Karakmisheva, ‘Is the rule of law principle an integral element of the constitutional identities of all EU member states?’ Z kolei w ramach drugiego referatu zaprezentowali: 1) Professor Maja Nastic, ‘Constitutional revision in Serbia – finding a balance between national constitutional identity and european identity’, 2) Profesor Carmen Moldovan, ‘Is there a conflict between constitutional identity, european identity and the rule of law’.
The concepts of individual speakers’ speeches (delivered by them; one concept has not been delivered) were:
1) Professor Mladen Karadjovski:
„The influence of the socialist „constitutional legacy” on the new constitutions of the Western Balkan countries adopted in the 1990s was not large enough to have a significant impact and challenge the democratic concept and paradigm. If we analyze certain parts of the constitutions of these countries that address human rights and freedoms, we can draw the general conclusion that they have evolved in the real sense of the word. (…) At the level of the European Union, the concept of the rule of law has a constitutional meaning encompassing two aspects: internal and external. The internal aspect refers to the existence of this principle in the treaties (which have constitutional force and significance) under which the European Union has been created and developed over decades, while the external one gives the rule of law the importance of a guiding principle as well as a norm (reference). Within the constitutional framework of the EU, the rule of law is not only mentioned as a general core value, but is also used as a reference point to assess the efforts of accession candidates and as an objective of foreign policy. Viewed through the prism of national constitutional traditions, these features appear too authentic and original. There is a profound commitment to strengthening the rule of law declared by the countries that are candidates for accession to the European Union. Effective application of the law is essential for the system to function effectively, to improve security for citizens and the protection of human rights, and to successfully implement the reforms needed to prepare their economy for integration into the Union’s internal market, in accordance with the economic criteria for membership of the European Union. The practice of the „rule of law” requires precise and applied measures against organized crime, fraud, corruption, arms trafficking, drugs and human trafficking. What is a “mote in the eye” for the European Union when assessing the application of this principle in accession candidate countries, however, constitutes a large discrepancy between the “European rules” adopted by the countries and their “Balkan application” in practice.
2) Professor Tanja Jordanovska-Karakmisheva:
The „constitutional identity” in each country comes as a result not only of the content of the existing constitutional provisions, but also of the judicial jurisprudence dominant at the time when the Constitution was composed, and later, at the time of implementation of the constitutional provisions (…) While the „constitutional identity” in national terms is seen through the prism of the three above-mentioned concepts, the „constitutional identity” in the EU context considers only those articles of the national constitution that are in the context of the EU law. (…) Formally, the „constitutional identity” is not part of the Article 4 (2) of the EU Treaty. On the other hand, the national constitutions of the EU Member States do not contain strict constitutional provisions that define the „constitutional identity”. This term is most often the product of a constitutional interpretation of the national constitutional courts in order to establish precise boundaries between the national Constitution, on one hand, and the application of EU law in the domestic legal systems, on the other. (…) The constitutional identity originates from the past, but at the same time it contains obligations towards the future. The elements of the constitutional identity are not established once and for all, they evolve, develop, and in the case of France are part of the French constitutional tradition. This term has no basis in the jurisprudence of the French Council of State, as in other Member States, but it is part of the legal literature in which there are academic attempts to explain the principles inherent in the constitutional identity of France.
3) Professor Maja Nastic:
(…) the first part of presentation will be about the national constitutional identity, its importance in the relations between the Member States and the European Union, then Serbia’s constitutional identity and its potential impact on constitutional revision. At the same time, we will connect Serbia’s national constitutional identity with the constitutional identity of Central European states, both those who joined the EU at the beginning of the 21st century.
4) Professor Carmen Moldovan:
The European Union’s development has brought about a confluence of diverse national constitutional identities and the formation of a shared European identity. This has implications for the rule of law within the European Union framework. In this context, issues such as the significance of constitutional identity in shaping legal systems, the emergence of a European identity amidst diverse national cultures, and the critical role of the rule of law in upholding the fundamental values and principles of the European Union are to be addressed.
There is a tension between national constitutional identity, European identity and the rule of law and even the idea of a clash between them based on different approaches or divergences on essential aspects.
However, a more in-depth analysis reveals that there are more common than different points of constitutional identity and the European identity. They are connected and impact on each other. There is a strong link that cannot be denied, considering that the European values and ideas are a part of the national constitutional identity. No matter what the discourse might be, this is the case of Romania.
The European Union stands as a union of nations with diverse historical, cultural, and legal backgrounds. The confluence of these distinctive national constitutional identities has led to the emergence of a shared European identity. And this is directly connected to the national identity and constitutional identity of Member States. Central to the functioning of the European Union is the principle of the rule of law, which governs the legal framework of the Union. Understanding the intricate relationships between constitutional identity, European identity, and the rule of law is crucial in comprehending the dynamics within the European Union.
