The ECJ has addressed the meaning and function of the constitutional identity clause, under Article 4 (2) TEU, in the most recent years. This paper assesses this case-law and shows that in the reasoning of the ECJ the function of Article 4 (2) TEU is not to overcome the idea of absolute primacy of EU law, but to prevent conflicts between EU law and national constitutions. Respect for constitutional identity can play three different roles: (a) justification for restrictions on the freedoms of movement; (b) protection of Member States’ right to choose the forms and methods of implementing EU law; (c) ground of invalidity of EU acts.
|Numero di pagine||14|
|Rivista||DIRITTO & QUESTIONI PUBBLICHE|
|Stato di pubblicazione||Published - 2015|