Protecting National Sovereignty and Constitutional Identity - Two Sides of the Same Coin?

Nagy, Gellért (2025) Protecting National Sovereignty and Constitutional Identity - Two Sides of the Same Coin? PRO PUBLICO BONO: MAGYAR KÖZIGAZGATÁS; A NEMZETI KÖZSZOLGÁLATI EGYETEM KÖZIGAZGATÁS-TUDOMÁNYI SZAKMAI FOLYÓIRATA, 13 (3). pp. 37-51. ISSN 2063-9058

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Abstract

The protection of sovereignty and constitutional identity as factors in the relationship between the European Union and its Member States has recently become a topical issue. The constitutional courts of the Member States have developed their case law concerning European integration essentially with reference to these two concepts. However, a number of unresolved questions have also arisen in relation to constitutional identity and national sovereignty. On the one hand, the specific elements of constitutional identity vary from one Member State to another. On the other hand, sovereignty has acquired a somewhat new meaning precisely in the process of European integration. The aim of the following paper is to explore two concepts, i.e. the protection of sovereignty and identity control, by analysing the relationship between them. In addition to presenting the relevant legal literature, this holistic review will also explore the relevant case law of the constitutional courts of the Member States, as certain constitutional courts have examined the relationship between national sovereignty and identity control in depth.

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