open access

Abstract

Summary:  The national identity clause is drawing significant attention lately and it is not without a reason. The developments over this provision have opened dilemmas whether Article 4(2) CTEU will have implications for the absolute primacy of EU law and thus its authority. This paper argues that Article 4(2) CTEU will play a valuable role in providing additional ground for a further cooperation between national constitutional courts and the ECJ and provides the possibility for national constitutional courts in where rare situations to set aside EU law on constitutional identity grounds. It is through the textual and contextual analysis of this provision, the attitude of both national constitutional courts and the ECJ towards this issue and lastly by arguing through the theoretical framework constitutional pluralism, more particularly Constitutionalism beyond the state, that this view is being presented and argued.