What type of study is this?

This is a Literature Review study (also classified as: Observational).

September 10, 2025

The Relation Between EU Law and the Constitutions of Member States in the Context of National Identity

Key Points

The principle of supremacy of EU law is contested by some national constitutional courts, indicating a complex relationship.
Some constitutional courts, like Croatia's, position national law above EU law, signaling potential constitutional conflicts.
The study explores various decisions from constitutional courts over time, highlighting differing approaches to EU law.
Assessing the interaction of EU law with national constitutional provisions is vital for understanding member states’ identities.

Abstract

The question on the relation between EU law and the constitutions of Member States is and has been a crucial question in the interplay or collaboration between national Constitutional Courts. The Court in Luxembourg maintains its doctrine on overall supremacy of EU law, but some constitutional courts disagree. The author will show, especially with regard to selected countries, like Croatia, how some constitutional courts elaborate their stand on the matter. For example, the Croatian Constitutional Court only briefly stated that the Constitution is above EU law, without any explanation. Other constitutional courts dealt with this issue more methodically and through various decisions through time. There are serious issues regarding the principle of supremacy and the relation of EU law and constitutional provisions of the constitutions of Member States, especially in those cases in which the respective constitutional court established its constitutional identity doctrine. Therefore, the author will try to show what is (or should be) the argumentation on this matter.

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