Open AccessNational and Constitutional Identity in the Case Law of the Court of Justice of the European Union
Author(s) -
Ondrej Hamuľák,
David Kopal,
Tanel Kerikmäe
Publication year - 2017
Publication title -
bratislava law review
Language(s) - English
Resource type - Journals
eISSN - 2644-6359
pISSN - 2585-7088
DOI - 10.46282/blr.2017.1.2.72
Subject(s) - law , political science , identity (music) , national identity , preliminary ruling , common law , economic justice , public law , position (finance) , constitutional law , treaty , member states , comparative law , constitutional court , european union , constitution , economics , physics , finance , politics , acoustics , economic policy
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.