Paper/Speech Details of Conference Program for the 25th NISPAcee Annual Conference Program Overview VI. Public Policy Analysis Development Author(s) Istvan Stumpf Ludovika University of Public Service Budapest Hungary Title Constitutional Identity and the Scope of the European Decisions’ (Administrative) Execution File Paper files are available only for conference participants, please login first. Presenter Istvan Stumpf Abstract The paper will focus on the constitutional identity as it is understood and construed in the constitutional theory and practice of the EU Member States. Although the notion of constitutional identity of European countries is recognized as an important element both in constitutional theory and in the text of the Treaty on European Union, the discussion on the constitutional identity is relatively subdued or – in case of certain States – even completely lacking. The author’s goal is to construct the notion of constitutional identity of a given state that is distinct from national, cultural, ethnic or religious identity. The paper intends to juxtapose the Member States’ constitutional practices and discourses, with the aim to examine the common cultural aspects of European constitutional law, moreover to examine who decides on the question of constitutional identity of a Member State. The approach of the EU Member states may diverge from the practice of the Court of Justice and other institutions of the EU; that is why the argumentation of traditional sovereignty must be examined. According to this paper the most important question is which institution (national or EU) has the scope of authority to decide on what the constitutional identity of a Member State is, and when does an EU act or measure confront that constitutional identity. In connection with the mentioned problem this paper will study the practice of European constitutional courts, since several courts analyzed the question of the identity according to the Lisbon Treaty. Directions of interpretation: 1. using comparative or focused methods; 2. examination of the text of national constitution and other factors beyond the text; 3. analyzing the current situation and historical aspects. With these methods the paper tends to explore the relation between national traditions and recent European arguments. Keywords: national identity, constitutional identity, sovereignty, Lisbon Treaty, acquis communautaire, constitutional court
