Dialogic Constitutionalism and Its Application to Fundamental Rights

Abstract

This monograph argues that integration is not a project to be aborted, rather it should be based on common values, which include the rule of law and fundamental rights. At the heart of our analysis is the concept of ‘Integration Through Rights’(ITR), as linked to the ‘Ever Closer Union’ formula enshrined in Article 1(2) TEU, on which the theory of constitutional pluralism is legally based. In the chapter “Expanding Theories of Constitutionalism and Legal Pluralism: ‘Integration Through Rights’ in Europe”, we focused on the theories of ‘constitutionalism’ and ‘legal pluralism’ in relation to fundamental rights protection in Europe. The theoretical debate about ‘constitutional pluralism’ is certainly complex and the exact boundaries of this doctrine are often very difficult to draw. Many authors distinguish between ‘pluralism’ and ‘constitutionalism’, giving different explanations to the different terms. ‘Constitutionalism’ is often used in relation to national law but, as highlighted in the chapter “Expanding Theories of Constitutionalism and Legal Pluralism: ‘Integration Through Rights’ in Europe”, the term has also been adopted to define the relationship between the EU and its Member States. In this chapter, we refer to ‘constitutional pluralism’ beyond EU law.