Constitutional Identity in the European Integration Process: The Case of the Republic of Serbia

Abstract

Constitutional identity is a complex and multifaceted concept. It encompasses the core values that underpin a constitutional order and defines the unique character and specificity of a particular legal system in relation to others. When it comes to delineating the sovereign constitutional orders of Member States from the supranational legal system of the European Union, this notion has been extensively examined by renowned scholars and addressed by both national constitutional courts and the Court of Justice of the EU. In this context, we analyse the transformative power of European integration on the post-communist Western Balkan states going through the EU accession process and, more specifically, on the Republic of Serbia. Europeanisation of the legal and constitutional system became a common trait of the European integration process, especially in the Western Balkan countries. As a candidate country on the path towards European Union membership, Serbia is engaged in the process of not only shaping its political reality but also undergoing a democratic transition of its political and legal system. The discourse on the constitutional transformation of the Republic of Serbia intensified following the adoption of the 2006 Constitution, which reaffirmed Serbia’s territorial integrity amid a looming political crisis and firmly established its commitment to European principles and values. The European integration process and the harmonisation of Serbia’s legal order have exerted a strong influence on the remodeling of its constitutional identity. However, this should not negate the “noyau dur” or the core constitutional foundations, which have been affirmed in numerous constitutional texts throughout Serbia’s constitutional history and constitutional reality.