Constitutional identity and the relationship between EU law and national law in the Member States

More about the research objective

As a result of European cooperation, contrary to classical theories of sovereignty, the state now shares power with the European Union. While the source, form and institutional organisation of the exercise of public power have increasingly become a question of law as a result of the evolution of the concept of the state and of law, the general formulation of rules of conduct, their enforcement against individual entities and the possibility of effective resolution of disputes concerning compliance with the rules of conduct are also increasingly influenced by the legal acts of the institutions of the European Union and the decisions of the Court of Justice of the European Union.
The aim of the research is to understand the implications of the development of EU law and the (constitutional) jurisdictional responses of the Member States, whether there are similar patterns, common approaches to the primacy of EU law, the competences of the European Union and the constitutional identity and constitutional values of the Member States. Through research, we can better understand the directions and trends in the institutions and law of the European Union, as well as the national sovereignty, identity and constitutional development of the Member States The research follows a comparative approach and the methodology is based on a questionnaire. The members of the working group will compile the national reports on the basis of the results of these questionnaires, so that the structure and content of the national reports will be similar, which will also facilitate the drawing of general conclusions. The national reports will serve as the basis for the comparative analyses that will form the conclusions of the research. The comparative reports will also be compiled by the members of the Task Force: each member will examine the answers to a question. During the autumn, members will hold a seminar to discuss the progress of the research, the issues that have arisen in the meantime, the possible conclusions of the national reports and to prepare the comparative analyses. The research will conclude in spring 2023 with a final conference focusing on the comparative analyses and national experiences. The published scientific volume will be open access to make the research as widely available as possible.

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Common Values and Constitutional Identities
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An international academic conference was held in Budapest on 13 December 2022 on the relationship between the European Court of Justice and the constitutional courts of the Member States, and [...]

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