European identity vs. national identity. Towards inexorable and necessary constitutional changes

Abstract

One of the most crucial aspects of the process of European integration is, without doubt, the affirmation of the principle of primacy closely linked to the relationship between national identity and European identity. The latter has been, and is, as is well known, the subject of an important debate characterised by political, cultural and social aspects, given the ability of both sides to influence each other and, in particular cases, to enter into conflict. In addition, the «mixture» of state and European systems has long been considered one of the most important causes of the constitutional changes that have occurred over the years, which have resulted in a profound evolution of the national legal system. It is well known, in fact, that constitutional systems are increasingly subject to incessant changes deriving from a plurality of elements of a political, juridical, economic and social nature, from which derives an adequate and spontaneous evolution of the same in respect of the core of the fundamental principles that give identity to the systems themselves. The parts of the Constitution that have been, without a doubt, the subject of the most significant changes resulting from the process of European integration are those concerning the so-called economic Constitution and form of government. It is a process that has undergone, and continues to undergo, important evolutions due to the historical, political and social events that have taken place over the last few years and that have made it increasingly evident that, regardless of the form of government adopted, verticalization appears to be a certainty. Starting from this consideration, according to which the verticalization of the decision must undoubtedly be considered an essential and inexorable element and, above all, a characterizing element of the European identity, the present work aims to question the necessary reform process that is able to reduce the gap between the constitutional text and the actual historical-political change, allowing the institutional system to be up to date with the changes of recent years and, consequently, avoid the use of these constitutional changes as a political instrument