2The EU protects national constitutional identities and does not protect national unconstitutional identities. This is the message the Court of Justice of the EU has sent with its decision of 16 of February 2022, in the cases initiated by Hungary and Poland about the rule-of-law conditionality mechanism, in which it ominously referred to the constitutional identity of the EU. Constitutional identity, according to the CJEU, is a key concept of public law and a fundamental pillar of the EU, so Member States constitutional identities may not be manipulated in such a way that turns into a violation of the constitutional identity of the EU.openopenPietro Faraguna; Tímea DrinócziFaraguna, Pietro; Drinóczi, Tíme
This essay discusses the Sayn-Wittgenstein judgment of the ECJ, in which for the first time an appea...
The aim of this paper is to determine the position of the CJEU towards the national identity with re...
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Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesse...
The primacy of EU law continues to be challenged by domestic courts relying on the notion of constit...
In a long-awaited decision published in December (Decision no. 22/2016 (XII.5.) AB of 30 November 20...
The pitfalls of the relationship between European and national judges constitute a well-travelled gr...
In federal states, constitutional identity is the glue that holds together the Union. On the contrar...
The language of common European constitutional identity is distinguishable from that of common Euro...
Even though the idea of respect for National and Constitutional Identity has been present for a long...
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of ...
Published online: 28 February 2018This paper discusses a decision of the Hungarian Constitutional C...
Niniejsza praca jest próbą przedstawienia i opisania kocepcji tożsamości konstytucyjnej, jej rozumie...
This essay discusses the Sayn-Wittgenstein judgment of the ECJ, in which for the first time an appea...
The aim of this paper is to determine the position of the CJEU towards the national identity with re...
This article provides an analysis of the functions performed by constitutional identity in constitut...
National identity in the legal terms is understood as constitutional identity. It conditionsthe rela...
Ever since the 2010 parliamentary elections Hungary has set off on the journey to became an ‘illiber...
Defence date: 21 January 2022Examining Board: Professor Gábor Halmai, (EUI); Professor Martijn Hesse...
The primacy of EU law continues to be challenged by domestic courts relying on the notion of constit...
In a long-awaited decision published in December (Decision no. 22/2016 (XII.5.) AB of 30 November 20...
The pitfalls of the relationship between European and national judges constitute a well-travelled gr...
In federal states, constitutional identity is the glue that holds together the Union. On the contrar...
The language of common European constitutional identity is distinguishable from that of common Euro...
Even though the idea of respect for National and Constitutional Identity has been present for a long...
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of ...
Published online: 28 February 2018This paper discusses a decision of the Hungarian Constitutional C...
Niniejsza praca jest próbą przedstawienia i opisania kocepcji tożsamości konstytucyjnej, jej rozumie...
This essay discusses the Sayn-Wittgenstein judgment of the ECJ, in which for the first time an appea...
The aim of this paper is to determine the position of the CJEU towards the national identity with re...
This article provides an analysis of the functions performed by constitutional identity in constitut...