Protection of Constitutional Identity in Some East-Central European Countries

Constitutional identity is, in its essence, an expression of the fundamental constitutional values of a state. The protection of all these values is of paramount importance, both in domestic law and in the relationship between eU law and national constitutions. While the former can be linked with the concept of unconstitutional amendments to theConstitution, the latter has resulted in the development of identity control. This contribution aims to examine these two aspects of constitutional identity in the case of seven east-Central european countries (romania, the Czech republic, Croatia, Slovakia, Poland, and Hungary). although what constitutes part of a state’s constitutional identity varies from nation to nation, one can notice that certain values, such as the protection of fundamental human rights and freedoms are broadly embedded. This contribution seeks to focus on all these similarities and differences through a comparison of the constitutional identities ofthe states under examination.

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Publication Details

Journal
The Opole Studies in Administration and Law
Published
2024-12-12
DOI
https://doi.org/10.25167/osap.5382
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Protection of Constitutional Identity in Some East-Central European Countries

Nagy Gellért
The Opole Studies in Administration and Law
European and International Law Studies
article

Protection of Constitutional Identity in Some East-Central European Countries

Nagy Gellért
article en

Abstract

Constitutional identity is, in its essence, an expression of the fundamental constitutional values of a state. The protection of all these values is of paramount importance, both in domestic law and in the relationship between eU law and national constitutions. While the former can be linked with the concept of unconstitutional amendments to theConstitution, the latter has resulted in the development of identity control. This contribution aims to examine these two aspects of constitutional identity in the case of seven east-Central european countries (romania, the Czech republic, Croatia, Slovakia, Poland, and Hungary). although what constitutes part of a state’s constitutional identity varies from nation to nation, one can notice that certain values, such as the protection of fundamental human rights and freedoms are broadly embedded. This contribution seeks to focus on all these similarities and differences through a comparison of the constitutional identities ofthe states under examination.

The Opole Studies in Administration and LawVol. 22(2)
British Academy (GB)
Openalex Percentile: Top 59%
European and International Law Studies
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