Националната конституционна идентичност в Европейския съюз
National Constitutional Identity in EU

Part IIІ. Protection via request for a preliminary ruling

Summary/Abstract: A ruling given by the national constitutional jurisdiction is essential without being mandatory as a matter of law: that jurisdiction is best placed to provide a binding interpretation of any constitutional rule, including in conformity with EU law; to identify an element of national constitutional identity; to determine whether a Union law rule is in conflict with the Constitution; and to adduce arguments for the protection of NCI that are fit to be upheld by the CJEU. Before that, the entity seising the Constitutional Court must clarify completely the Union dimensions of the matter.

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