Respecting Constitutional Identity in the European Union: An Essay on ECJ (Second Chamber), Case C 208/09, 22 December 2010, Ilonka Sayn-Wittgenstein v. Landeshauptmann von Wien
Leonard F. M. Besselink
University of Utrecht - Faculty of Law; Netherlands Institute for Advanced Studies
Common Market Law Review, Forthcoming
Abstract:
This essay discusses the Sayn-Wittgenstein judgment of the ECJ, in which it acknowledged for the first time an appeal to the constitutional identity of a member state in order to limit a right under EU law, under Article 4(2) TEU, i.e. the duty for the EU to respect the national identities of the Member States.
It tries to identify its meaning for the constitutional relations between the EU and the Member States constitutional orders as it is viewed by the ECJ. The careful conclusion is that these have reached a stage of greater maturity in comparison to the more formative period of EU primacy.
This essay discusses the Sayn-Wittgenstein judgment of the ECJ, in which it acknowledged for the first time an appeal to the constitutional identity of a member state in order to limit a right under EU law, under Article 4(2) TEU, i.e. the duty for the EU to respect the national identities of the Member States.
It tries to identify its meaning for the constitutional relations between the EU and the Member States constitutional orders as it is viewed by the ECJ. The careful conclusion is that these have reached a stage of greater maturity in comparison to the more formative period of EU primacy.
Number of Pages in PDF File: 18
Keywords: Constitutional law, EU law, constitutional identity, national identity Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2002042
Nessun commento:
Posta un commento