10 - Constitutional Identity in Italy

Summary

This chapter focuses on the notion of constitutional identity in Italy through the analysis of the discourse and practice of the Presidente della Repubblica and the Corte Costituzionale, the CC. It briefly outlines Italian constitutional history and then surveys the discourse of the past three presidents delivered on topics of constitutional patriotism and European integration. The chapter discusses the Taricco judgment and its follow-up, explaining how this case represents a turning point in the case law of the CC due to the limited attention that the court gives to building bridges and emphasising common European constitutional tradition and, in contrast, the unprecedented emphasis that it puts on raising walls and stressing national legal peculiarities. Finally, the chapter contrasts the approaches of the two Italian organi di garanzia and questions whether the neo-sovereigntist rhetoric of the CC is constitutionally sound given the fundamental principle of Art. 11 of the Constitution – compelling Italy to participate in the project of EU integration – but also institutionally advisable at a time when Italy’s pro-EU orientation is for the first time politically at risk.