Зачитане на националната конституционна идентичност в Европейския съюз
Respect of the National Constitutional Identity in EU

Part V. Consequences of the pronouncing of the CJEU on national constitutional identity of a member sate

Summary/Abstract: Protection of national constitutional identity is only possible by consent of the CJEU – and the CJUE should be seised in all cases that concern the identity. The possible ways are only the art. 263 TFUE (action for annulment), art. 267 (preliminary rulling) or 277 in connection with 258 – 259 (objection against an action for infringement). The CJEU always gives an interpretation of the EU Law rule in question. If the Court declares contradiction with the national constitutional identity the rule in question could be left non applied in the member State concerned. The consequences of a preliminary ruling on national constitutional identity have upmost practical importance. The protection of national constitutional identity requires a eurolaw-friendly approach by the national jurisdictions and a identity-friendly one by the CJEU.

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