Lunch seminar with Władysław Jóźwicki
Formal and material concept of constitutional identity as a tool for operationalization of divergences in the EU fundamental rights protection system
The way in which the CJEU has defined the scope of application of EU fundamental rights as well as character of the EU standard of protection within this scope opened a new chapter in the discord between the Luxemburg court and MSs especially constitutional courts, which led the latter to develop a new variation of the ultra vires doctrine – the constitutional identity doctrine – with human rights protection at its heart. The doctrine’s application by the domestic constitutional courts as well its reflection in the CJEU case law proves that the notion serves as conceptual basis for another chapter of the sovereignty conundrum within the EU, when it comes to fundamental rights protection issue and prevalence of the domestic or EU standard. In my presentation I would like to offer a new way of an approach to and application of ar. 4(2) TEU and contained in it notion of national/constitutional identity in a cooperative way, which would lead to division of competences between the CJEU and domestic constitutional courts and development of sequential rather then hierarchical model of adjudication on the issue. For the sake of that a particular framework for the notion’s application – both in formal and material sense – needs to be developed. That is what my presentation will attempt at.
All interested are welcome to attend. Registration is not necessary.