hrcak mascot   Srce   HID

Izvorni znanstveni članak

In Quest of a Doctrine: Croatian Constitutional Identity in the European Union

Branko Smerdel ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Puni tekst: engleski, pdf (558 KB) str. 513-534 preuzimanja: 519* citiraj
APA 6th Edition
Smerdel, B. (2014). In Quest of a Doctrine: Croatian Constitutional Identity in the European Union. Zbornik Pravnog fakulteta u Zagrebu, 64 (4), 513-534. Preuzeto s https://hrcak.srce.hr/128143
MLA 8th Edition
Smerdel, Branko. "In Quest of a Doctrine: Croatian Constitutional Identity in the European Union." Zbornik Pravnog fakulteta u Zagrebu, vol. 64, br. 4, 2014, str. 513-534. https://hrcak.srce.hr/128143. Citirano 20.11.2019.
Chicago 17th Edition
Smerdel, Branko. "In Quest of a Doctrine: Croatian Constitutional Identity in the European Union." Zbornik Pravnog fakulteta u Zagrebu 64, br. 4 (2014): 513-534. https://hrcak.srce.hr/128143
Harvard
Smerdel, B. (2014). 'In Quest of a Doctrine: Croatian Constitutional Identity in the European Union', Zbornik Pravnog fakulteta u Zagrebu, 64(4), str. 513-534. Preuzeto s: https://hrcak.srce.hr/128143 (Datum pristupa: 20.11.2019.)
Vancouver
Smerdel B. In Quest of a Doctrine: Croatian Constitutional Identity in the European Union. Zbornik Pravnog fakulteta u Zagrebu [Internet]. 2014 [pristupljeno 20.11.2019.];64(4):513-534. Dostupno na: https://hrcak.srce.hr/128143
IEEE
B. Smerdel, "In Quest of a Doctrine: Croatian Constitutional Identity in the European Union", Zbornik Pravnog fakulteta u Zagrebu, vol.64, br. 4, str. 513-534, 2014. [Online]. Dostupno na: https://hrcak.srce.hr/128143. [Citirano: 20.11.2019.]

Sažetak
On the instance of theoretical dilemmas, which have been opened in the Croatian legal community by its entrance into the European legal system, the issues of a constitutional identity have been treated in the paper. There still exist tendencies of equalizing the federal principle with a federative state, and consequently rejecting federalism as a viable principle. In a combination with the two erroneous ideological interpretations of the European Union, whether as a system dominated by a self-serving bureaucracy, or opposite, as a community founded on a faith and altruism, they emphasize the importance of a proper understanding of the notion of constitutional identity. Among other meanings of constitutional identity, there is the one of a ‘remnant sovereignty’ in a compound community of states. To that purpose it is important, though neglected, to construe a new legal theory with an aim to strengthen the rule of law, as well as to delineate realistic principles of primacy of European law over the national constitution. Such a theory cannot be established upon a pure legalism, but only on an interdisciplinary approach, which would take into account a whole array of extrajudicial factors which determinate dynamics of relationships within a complex system of plural constitutionality of the Union. There must not be forgotten the achievements of the federalist theory, which had permeated the ideas of the founders of the European integrations. The erroneous actions of the Croatian government and the dispute with the European Commission at the very beginning of the membership, have demonstrated the necessity of such a realistic theory of constitutional identity. Since there exist a lot of confusion on the matter in other countries as well, the problems of the newest member state might be of significance for further clarifications to other members.

Ključne riječi
European Union; constitutional identity; pure legalism; federal principle; federation; compound community; Croatia

Hrčak ID: 128143

URI
https://hrcak.srce.hr/128143

[hrvatski]

Posjeta: 1.039 *