Izvorni znanstveni članak
BATTLEGROUND OR MEETING POINT? RESPECT FOR NATIONAL IDENTITIES IN THE EUROPEAN UNION - ARTICLE 4(2) OF THE TREATY ON EUROPEAN UNION
Denis Preshova
Sažetak
The national identity clause has drawn signifi cant attention
lately and not without reason. Developments regarding this provision
have given rise to concerns about whether Article 4(2) CTEU will
have implications for the absolute primacy of EU law and thus its
authority. This paper argues that Article 4(2) CTEU will play a valuable role in providing additional ground for further co-operation between national constitutional courts and the ECJ and provides the
possibility for national constitutional courts in occasional situations to
set aside EU law on constitutional identity grounds. This view is presented through a textual and contextual analysis of the provision, the attitudes of both national constitutional courts and the ECJ towards
the issue, and lastly the theoretical framework of constitutional pluralism,particularly constitutionalism beyond the state.
Ključne riječi
Hrčak ID:
94650
URI
Datum izdavanja:
15.11.2012.
Posjeta: 1.770 *