WHO IS THE MASTER OF THE TREATIES: CONSTITUTIONAL IDENTITY BETWEEN THE SCYLLA AND CHARYBDIS OF CJEU AND NATIONAL CONSTITUTIONAL COURTS

This paper examines the evolving judicial interplay around the constitutional identity clause enshrined in Article 4(2) TEU, as articulated through the recent jurisprudence of the Court of Justice of the European Union (CJEU). It posits a perceivable doctrinal shift wherein the CJEU, moving from a traditionally deferential posture, now asserts a more centralized and stringent interpretive authority over claims of constitutional identity advanced by Member States. Through analysis of landmark rulings, the article contends that the Court is actively constructing a supranational “EU constitutional identity” grounded in Article 2 TEU values, thereby circumscribing the scope for domestic constitutional reservations and recalibrating the constitutional architecture of the Union towards enhanced juridical cohesion.

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Publication Details

Journal
Aristotle University of Thessaloniki
Published
2026-02-17
DOI
https://doi.org/10.26262/hrecl.v0i0.11174
Primary Topic
European Union Policy and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

WHO IS THE MASTER OF THE TREATIES: CONSTITUTIONAL IDENTITY BETWEEN THE SCYLLA AND CHARYBDIS OF CJEU AND NATIONAL CONSTITUTIONAL COURTS

Gerasimos Lefkaditis
Aristotle University of Thessaloniki
European Union Policy and Governance
article

WHO IS THE MASTER OF THE TREATIES: CONSTITUTIONAL IDENTITY BETWEEN THE SCYLLA AND CHARYBDIS OF CJEU AND NATIONAL CONSTITUTIONAL COURTS

Gerasimos Lefkaditis
article en

Abstract

This paper examines the evolving judicial interplay around the constitutional identity clause enshrined in Article 4(2) TEU, as articulated through the recent jurisprudence of the Court of Justice of the European Union (CJEU). It posits a perceivable doctrinal shift wherein the CJEU, moving from a traditionally deferential posture, now asserts a more centralized and stringent interpretive authority over claims of constitutional identity advanced by Member States. Through analysis of landmark rulings, the article contends that the Court is actively constructing a supranational “EU constitutional identity” grounded in Article 2 TEU values, thereby circumscribing the scope for domestic constitutional reservations and recalibrating the constitutional architecture of the Union towards enhanced juridical cohesion.

Aristotle University of Thessaloniki
Peace, Justice and strong institutions
Openalex Percentile: Top 56%
European Union Policy and Governance
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