Battleground or Meeting Point? : The Respect for National Identities in the European Union – Article 4(2) The Treaty on European Union

Authors

  • Denis Preshova University of Ss. Cyril and Methodius Skopje

Abstract

Summary:  The national identity clause is drawing significant attention lately and it is not without a reason. The developments over this provision have opened dilemmas whether Article 4(2) CTEU will have implications for the absolute primacy of EU law and thus its authority. This paper argues that Article 4(2) CTEU will play a valuable role in providing additional ground for a further cooperation between national constitutional courts and the ECJ and provides the possibility for national constitutional courts in where rare situations to set aside EU law on constitutional identity grounds. It is through the textual and contextual analysis of this provision, the attitude of both national constitutional courts and the ECJ towards this issue and lastly by arguing through the theoretical framework constitutional pluralism, more particularly Constitutionalism beyond the state, that this view is being presented and argued.

Author Biography

Denis Preshova, University of Ss. Cyril and Methodius Skopje

Teaching assistant, Constitutional law and political system

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Published

2013-03-19

How to Cite

Preshova, D. (2013). Battleground or Meeting Point? : The Respect for National Identities in the European Union – Article 4(2) The Treaty on European Union. Croatian Yearbook of European Law and Policy, 8, 267–298. Retrieved from https://www.cyelp.com/index.php/cyelp/article/view/141

Issue

Vol. 8 (2012)

Section

Articles

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