François-Xavier Millet

Arguing States' Constitutional Identity before the Court of Justice

  • Abstract

Informations and abstract

Keywords: Constitutional Identity; Supremacy of EU Law; Court of Justice; Constitutional Courts.

The constitutional identity of the Member States, as safeguarded by EU law, encompasses their constitutional and administrative setup, as much as national collective values and national conceptions of fundamental rights. It can bepleaded by a variety of actors, among which Member States' executives and national constitutional courts to serve differentiated integration within the EU. However, there is a twofold limit to Member States'constitutional identity: respect for the constitutional identity of the Union on the one hand; supremacy, unity and effectiveness on the other hand. While the former limit is absolute, the second only appears relative.

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