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Forum
Paper Title: On Economic Constitutional Identities – Contribution to the understanding of the Constitutional Nature of the EU, WTO and Italy (full
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Abstract of Forum Paper:
Because of the simultaneous existence of legal entities of different nature such as the EU, its member states and the WTO, the European constitutional space is currently experiencing a ‘crisis of identities’ in the field of economic and social regulation. This paper advocates the idea that, by investigating the different Economic Constitutional Identities (ECIs) of these legal orders, it is possible to contribute to the broader effort to re-shape the categories of constitutionalism taking into account also the realities of the non-state constitutions.
The study on the ECIs of the EU, WTO and Italy (as a sample of the EU member states postwar constitutions) consists in a preliminary analysis of their distinctive elements. Accordingly, the divergences among the ECIs are assessed by considering both their ‘dignified parts’ (concerning the fundamental economic objectives and their impact on the structure of legal frameworks) and their ‘efficient parts’ (consisting in the relationship between the constitutional constraints and the regulatory autonomy). In a later stage, the ECIs are investigated by addressing also the elements where they converge in respect of the same efficient and dignified parts. In this regard, it is submitted that, despite the increasing moves towards convergence, the ECIs preserve their essentially different constitutional nature.
In conclusion the paper claims that the uneasiness among the ECIs should be taken into consideration in the understanding of the European constitutional space by enhancing, rather than neglecting, their complementary strategies of economic regulation and their constitutional nature.
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