Briefly on constitutional identity as a bridge of cooperation betweeen European Court of Justice and national constitutional courts of the Member

Abstract

The issue of protection of national constitutional identities of member states in the European Union, which was introduced by art. 4 of the Treaty on European Union has become very important. It is important both when it comes to the relationship between the Union and the Member States, and in the relationship between the Court of Justice of the European Union and the constitutional courts of the Member States, as well. The protection of national constitutional identity is the last "reservoir" of protection of the sovereignty of the member states. At first glance, it seems to be an "apple of discord" within the European Union. However, this paper shows the opposite and that in fact this issue can become their meeting point. Having this in mind, the introductory part of the paper briefly deals with the notion of constitutional identity. The second part of the paper presents the genesis of the relationship between the Court of Justice of the European Union and the constitutional courts on this issue. The third part deals with the procedure of preliminary rulings of the Court of Justice of the European Union as a type of opportunity for cooperation in identity issues, which is increasingly used. In the end, it is concluded that true cooperation between these bodies is necessary, and in order for the issue of constitutional identity to really become what it should be, a bridge of cooperation.