National and Constitutional Identity in the Case Law of the Court of Justice of the European Union

The aim of this paper is to determine the position of the CJEU towards the national identity with regard to its case law and whether the Court gives preference to the national identity or to the primacy of EU law during the balancing between the constitutional principles and the interests of member...

Full description

Bibliographic Details
Main Authors:	Ondrej Hamuľák, David Kopal, Tanel Kerikmäe
Format:	Article
Language:	English
Published:	Comenius University in Bratislava, Faculty of Law 2017-12-01
Series:	Bratislava Law Review
Subjects:	national identity constitutional identity Court of Justice of the European Union relationship between national law and EU law
Online Access:	https://blr.flaw.uniba.sk/index.php/BLR/article/view/72

id	doaj-6d6c958c65b548d29655340f23f4eb5f
record_format	Article
spelling	doaj-6d6c958c65b548d29655340f23f4eb5f2021-08-02T13:47:45ZengComenius University in Bratislava, Faculty of LawBratislava Law Review2585-70882644-63592017-12-011210.46282/blr.2017.1.2.7272National and Constitutional Identity in the Case Law of the Court of Justice of the European Union Ondrej Hamuľák0 David Kopal1 Tanel Kerikmäe2Faculty of Law, Palacký University OlomoucFaculty of Law, Palacký University OlomoucTallinn Law School, Tallinn University of Technology The aim of this paper is to determine the position of the CJEU towards the national identity with regard to its case law and whether the Court gives preference to the national identity or to the primacy of EU law during the balancing between the constitutional principles and the interests of member states with EU law. The introductory part of the paper addresses the insertion and the development of the national identity clause in the primary law. Its main part consists of analysis of the case law of the CJEU, as well as of the opinions of Advocates General, in the period before and after the adoption of the Treaty of Lisbon. https://blr.flaw.uniba.sk/index.php/BLR/article/view/72national identityconstitutional identityCourt of Justice of the European Unionrelationship between national law and EU law
collection	DOAJ
language	English
format	Article
sources	DOAJ
author	Ondrej Hamuľák David Kopal Tanel Kerikmäe
spellingShingle	Ondrej Hamuľák David Kopal Tanel Kerikmäe National and Constitutional Identity in the Case Law of the Court of Justice of the European Union Bratislava Law Review national identity constitutional identity Court of Justice of the European Union relationship between national law and EU law
author_facet	Ondrej Hamuľák David Kopal Tanel Kerikmäe
author_sort	Ondrej Hamuľák
title	National and Constitutional Identity in the Case Law of the Court of Justice of the European Union
title_short	National and Constitutional Identity in the Case Law of the Court of Justice of the European Union
title_full	National and Constitutional Identity in the Case Law of the Court of Justice of the European Union
title_fullStr	National and Constitutional Identity in the Case Law of the Court of Justice of the European Union
title_full_unstemmed	National and Constitutional Identity in the Case Law of the Court of Justice of the European Union
title_sort	national and constitutional identity in the case law of the court of justice of the european union
publisher	Comenius University in Bratislava, Faculty of Law
series	Bratislava Law Review
issn	2585-7088 2644-6359
publishDate	2017-12-01
description	The aim of this paper is to determine the position of the CJEU towards the national identity with regard to its case law and whether the Court gives preference to the national identity or to the primacy of EU law during the balancing between the constitutional principles and the interests of member states with EU law. The introductory part of the paper addresses the insertion and the development of the national identity clause in the primary law. Its main part consists of analysis of the case law of the CJEU, as well as of the opinions of Advocates General, in the period before and after the adoption of the Treaty of Lisbon.
topic	national identity constitutional identity Court of Justice of the European Union relationship between national law and EU law
url	https://blr.flaw.uniba.sk/index.php/BLR/article/view/72
work_keys_str_mv	AT ondrejhamulak nationalandconstitutionalidentityinthecaselawofthecourtofjusticeoftheeuropeanunion AT davidkopal nationalandconstitutionalidentityinthecaselawofthecourtofjusticeoftheeuropeanunion AT tanelkerikmae nationalandconstitutionalidentityinthecaselawofthecourtofjusticeoftheeuropeanunion
_version_	1721231752592097280

National and Constitutional Identity in the Case Law of the Court of Justice of the European Union

Similar Items