Ustavni otpor evropskim integracijama: upotreba i zloupotreba ustavnog identiteta

The EU Member States have accepted the principle of supremacy of EU law over national legislation – but not over national constitutions. The discussion in this paper reveals that: (1) the use of constitutional identity to control the penetration of EU law into national legal systems serves to preserve the importance of the national constitution and/or strengthen/expand the jurisdiction of the national constitutional judiciary; (2) relying on constitutional identity for these purposes has not threatened the constitutional pluralism on which the relationship between the legal orders of the EU and the Member States rests; (3) the abuse of constitutional identity by the constitutional courts of Poland and Hungary, aiming to support the resistance of populist regimes to European integrations, has broken the link between constitutionalism and constitutional identity, and as such, has managed to threaten the further functioning of constitutional pluralism within the EU.