Corona, constitution and constitutional identity: The (potential) impact of a European legal concept in the domestic Belgian legal order
(2023) ICON-S BENELUX CHAPTER INAUGURAL CONFERENCE — Location: Maastricht (26.October.2023)
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- Abstract
- Presentation of a paper that examines the notion of constitutional identity and its implications within the Belgian legal framework. The paper explores a significant case where the Council of State suspended a COVID-19 measure, highlighting the right to freedom of religion as a value belonging to the core of the Belgian Constitution and its constitutional identity. The concept of constitutional identity was introduced in Belgian law under the influence of European Union law, particularly in the "Stability Treaty"-judgement of the Constitutional Court. By referencing the Constitutional Court's reasoning in the assessment of COVID- 19 measures, the Council of State implies that constitutional identity holds both European and domestic legal significance. However, the application of the concept of national or constitutional identity within the domestic constitutional context raises fundamental questions. This paper aims to address potential issues arising from the utilisation of constitutional identity in national constitutional law.
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Maes, C., & Van Crombrugge, R. (2023). Corona, constitution and constitutional identity: The (potential) impact of a European legal concept in the domestic Belgian legal order. ICON-S BENELUX CHAPTER INAUGURAL CONFERENCE, Maastricht.