From general principles to the identity of the European Union: Constitutional norms in the jurisprudence of the Court of Justice of the European Union Cover Image

Od zasad ogólnych do tożsamości Unii Europejskiej - normy konstytucyjne w orzecznictwie Trybunału Sprawiedliwości Unii Europejskiej
From general principles to the identity of the European Union: Constitutional norms in the jurisprudence of the Court of Justice of the European Union

Author(s): Nina Półtorak
Subject(s): Constitutional Law, EU-Legislation
Published by: Instytut Nauk Prawnych PAN
Keywords: Constitutional norms; constitutionalisation; the Court of Justice of the European Union; national and constitutional identity; the identity of the European Union;

Summary/Abstract: Constitutional norms are present in EU law mainly due to the jurisprudence of the Court of Justice of the European Union. Initially, these were the constitutional norms of the Member States, and then the constitutional principles of the European Union itself. The article, adopting the perspective of the CJEU, distinguishes several meanings and functional groups of constitutional norms. It presents the constitutional norms of the Member States as norms that influence the development of EU law, then the constitutional norms of the Member States in relation to EU law and finally the constitutional norms of the EU itself and the process of constitutionalising EU law in the jurisprudence of the CJEU, leading to the concept of the identity of the European Union. The article analyses the motives, meaning and objectives of this concept in the case law of the CJEU.

  • Issue Year: 226/2022
  • Issue No: 2
  • Page Range: 187 - 211
  • Page Count: 25
  • Language: Polish