Judicial Review, Fundamental Rights and Rule of Law : The Construction of the European Constitutional Identity (Hardcover)

Foreword: Identity of the European Union and Identities of the Member States: What is the Relationship?;??Preface;??Part I: In Search of “A European Way of Life”. Identity and Fundamental Rights: Lessons from the Past and Future Perspectives;??1. ‘Fundamental Rights’ and the Rule of Law in Ancient Greece and Rome;??2. Civitas Romana and Civitas Europea ? A Journey through History and Politics in Search of a Legal Identity;??3. Identity and Values in the European Union: The Role of the ‘Rule of Law’ in the Construction of a European Identity;??4. European Constitutional Identity in the Light of EU Enlargement;??5. The ‘New Momentum’ of the Enlargement Policy and the Need to Strike the Right Balance between Reform and Enlargement;??Part II: The Construction of the European Constitutional Identity in the Multilevel Legal System: The Role of the Court of Justice of the European Union;??6. The Construction of the European Constitutional Identity: Lights and Shadows of an Ongoing Process;??7. The Constitutional Identity of Member States and of the European Union;??8. Constitutional Identity by Excess (German Federal Constitutional Court) and by Default (Spanish Constitutional Court). Pending Dialogues with the Court of Justice of the European Union;??9. Rule of Law, Effective Protection of Rights and Independence of the Judicial System;??10. EU Rule of Law or Rule of Lawyers? The Court of Justice of the EU and Article 2 TEU;??Part III: Fundamental Rights, Democracy and Judicial Dialogue: A Critical Analysis;??11. Judicial Review of Electoral Rights between Luxembourg and Strasbourg;??12. Constitutional Issues of the Use of Facial Recognition Technology;??13. European Court of Human Rights Jurisprudence and National Migration Policies: Exploring the Hermeneutic Tools of ‘Proceduralisation’ and Margin of Appreciation;??14. Fundamental Rights Protection and Judicial Reasoning of the Italian Constitutional Court: Opening Up to Supranational Models through the Proportionality Test and the Use of Comparative Arguments;??15. The Controversial Issue of the Status of the Child Born Abroad through Surrogacy. The ‘Dialogue’ between the Italian Constitutional Court and the European Court of Human Rights and the Role of the National Legislator