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

Part I. Logic of the principle, legal status of the integrated member, notion and dimensions of the identity

Author(s): Atanas Semov
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Съюз на юристите в България
Keywords: identity; national identity; constitutional identity; essential elements; primacy; loyalty; legal status of the integrated state

Summary/Abstract: The respect to the national constitutional identity of the EU member states is a principle inherent to the nature of the unique construction of the EU. So the implementation (and the primacy) of the EU Law have now it’s clearly outlined limit: a respect to the essential elements of the national constitution identity of the member state. Also the right of the member state to protect its identity has limits: the respect to the nature, reason and basic principles of the EU legal order. The national identity is only constitutional – and vice versa. The notion is to be read only in EU context. Understanding of the legal status of the member state is a key point.

  • Issue Year: 2021
  • Issue No: 4
  • Page Range: 7-23
  • Page Count: 17
  • Language: Bulgarian