July 4 @ 18:30 - 20:00 Wroclaw (CEST)
National constitutional limits to withdrawing from the EU
The uncodified nature of the British constitution made the withdrawal process enough tortuous: British ‘divorce‘ provoked important constitutional questions. However, in case the withdrawal process is especially commenced by a Country with a written and rigid constitution, which constitutional procedures should be activated? Is it possible to identify national constitutional limits that prevent or make more difficult exiting the EU? Answering to such questions implies: debating on the concept of “withdrawal“ and the constitutional implications of the formal retraction from the Treaties as delimited by Art. 50 TEU – investigating on the relation between domestic and EU legal order to see if constitutional norms or Court judgments can enable embedded limits or barriers to a decision to withdraw. To this purpose, the panel will compare few national perspectives to evaluate the capacity of constitutions to entrench European integration as a superior or fundamental value.