Title Europos Sąjungos Teisingumo Teismo ir nacionalinių konstitucinių teismų dialogas, kaip galimybė išsaugoti nacionalinį konstitucinį individualumą
Translation of Title Dialogue between the Court of Justice of the European Union and the National Constitutional Courts as an Opportunity to Preserve National Constitutional Individuality.
Authors Griciūnas, Paulius
DOI 10.15388/vu.thesis.856
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Pages 424
Keywords [eng] National identity ; constitutional identity ; ultra vires ; fundamental rights ; judicial dialogue.
Abstract [eng] The complexity of the relationship between the competing EU and national legal systems is most evident in the aim to preserve the autonomy and individuality of national constitutions. The judicial dialogue between the highest courts of these autonomous legal systems and the opportunities it provides are particularly important in the preservation of constitutional individuality. Therefore, the main objective of this research is to analyse the dialogue between the CJEU and national constitutional courts. This dialogue establishes conditions for preserving the constitutional individuality of states within EU law or for protecting constitutional individuality through the application of national instruments that define constitutional limits (controlimiti) vis-à-vis EU law. The dissertation research is based on the theoretical model of constitutional pluralism, which creates a framework for examining the preservation of constitutional individuality simultaneously from the perspective of EU law and national constitutional law. This model also makes it possible to examine the dilemma of the final arbiter, better known as Kompetenz-Kompetenz. The study first examines the normative evolution and interpretation of the provision of national identity formulated in EU law and interpreted in the case law of the CJEU. Subsequently, it examines the doctrine of constitutional limits and the related jurisprudence of the national constitutional courts of the Member States. Finally, it assesses to what extent these two approaches are reflected in the case law of the Constitutional Court of Lithuania and considers their potential for further development of constitutional doctrine, particularly regarding the concept of Lithuania's membership in the EU.
Dissertation Institution Vilniaus universitetas.
Type Doctoral thesis
Language Lithuanian
Publication date 2025