CEU Electronic Theses and Dissertations, 2021
| Author | Zivert, Mariia |
|---|---|
| Title | Constitutional identity in the light of the European integration. EU and non-EU perspective |
| Summary | Chapter 1 of the thesis starts from the doctrinal approaches to the identification of the constitutional identity. Chapter 2 describes the Kompetenz-Kompetenz dilemma in the light of the constitutional identity: what are the views on this of the constitutional pluralist and scholars, which are in the opposition to the constitutional pluralism in order to keep the coherence of the European legal order. There the clash of the concept of the constitutional identity is shown in the light of the supremacy and unity of the EU law. The supremacy of the European legal order is shown through the threat of the undermining of it by the constitutional identity due to the doctrinal features of the last, which is the lack of determinacy which leads to arbitrariness. Then the problem of the unity in the European legal order is discussed: in particular, the prohibition of the undermining of the equality of Member states by the arbitrary usage of the constitutional identity doctrine. Also, the question of the chilling effect on Eurointegration is raised in the light of the ongoing practice of the abusive usage of the identity doctrine. Chapter 3 elaborates on the possible solutions to the constitutional identity problem. |
| Supervisor | Bard, Petra |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/zivert_mariia.pdf |
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