Constitutional Homogeneity and Protection of Fundamental Rights and the Rule of Law in the EU Legal Order

This essay aims at looking into the dialectic relationship between the constitutional orders of the Member States and the EU Constitution. Doing so, it will build upon the debate about a classic concept of legal analyses of federalism, i.e. constitutional homogeneity. The essay will focus on the reasons of the recent resurgence of an apparently weary notion within a very peculiar legal system such as the EU. The constitutional homogeneity clause, possibly entrenched in primary law by Art. 2 TEU, is seen as a possible remedy in order to cope with constitutional developments in some Member States, notably in Central and Eastern Europe. Which are the potential virtues and flaws of constitutional homogeneity?