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63 Hung. J. Legal Stud. 1 (2022)

handle is hein.journals/ajur63 and id is 1 raw text is: 
Hungarian Journal of Legal Studies 63 (2022) 1, 1-2
DOI: 10.1556/2052.2022.00200                                                  mD2    mD6




   Tradition, Constitution, Identity and European

                                   Integration


EDITORIAL



© 2022 Akad6miai Kiad6, Budapest

On  23-24 September  2021 the Institute for Legal Studies of the Centre for Social Sciences and
the French Institute, supported by the French and the Dutch Embassies in Hungary, organised
an international conference entitled Tradition, Constitution and European Integration on the
concept and the practice of protecting European constitutional identities.
   The  27 Member  States of the European Union each have  their own constitutions or basic
laws. In addition to that, the EU is governed by founding treaties of constitutional value. The
national and the European  legal orders interact constantly and, apart from developing the
domestic legal systems, they form a complex, integrated legal system as well.
   Because of their particularities (historic, geographic, political, linguistic, etc.), States (just like
individuals) have their own unique identities. The essential elements of these identities are
protected in the constitution of each State, explicitly or implicitly, codified or elaborated by
constitutional courts. This is the so called Constitutional Identity, which is in the focus of heated
scholarly discussions with regard to its content and the related competence and procedural
issues. The Court of Justice of the EU is responsible for harmonising and ensuring the effective
enforcement of EU law in all the Member States (in compliance with the principle of supremacy)
in harmony  with the national constitutional traditions. The EU must respect the constitutional
identities of the Member States, while the EU must also build its own community  identity,
inspired by its values (nominally shared by the Member States), which also prevail both in the
founding treaties and in each and every Member State constitutions. This idea is expected to be
present in the interpretation practice of the Court of Justice of the European Union.
   What  is Constitutional Identity in the EU law and in the Member  States' constitutional
orders? How  do these concepts relate to each other? What is the relationship between EU law
and the individual national constitutional traditions? What are the perspectives of the different
Member   States and of the EU as a whole?  What  does the dialogue between CJEU  and  the
national constitutional courts entail?
   Building on and  encouraging the in-depth study of the concept of Constitutional Identity
while also analysing the perspectives of the Member States and the EU, the conference brought
together Hungarian, French, Dutch, German   and Polish experts. Constitutional identity can
only ever be a meaningful legal concept if it is based in an equal measure on knowledge about
legal traditions, domestic law and of EU integration based on the rule of law. The special issue of
the Hungarian Journal of Legal Studies - Acta Juridica Hungarica 2022/1 and 2022/2 will further
contribute to this knowledge by publishing the articles of the most acknowledged scholars of
this field.

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