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The limits of constitutional autonomy in the European multilevel union

Publication at Faculty of Law |
2014

Abstract

The constitutional autonomies of the national and supranational entities in the multilevel system of the EU are mutually competing. The lasting sustainable solution cannot be based on the "zero-sum" rule.

Primacy of EU law and national competence-competence, both forming axiomatic fundamentals of the respective level, are not negotiable. Neutralization of some tensions within pluralistic constitutional situation requires a "soft" approach - mutual communication between the top national judicial authorities and the Court of Justice of the EU, a self-restraint behaviour and reflexion of externalities of their own decisions, including references for preliminary ruling.

Any reservations of "the material core" of national constitutions should have to be balanced with the observance of the national identity by the EU.