European law and Polish constitutional identity (legal and political aspects) Cover Image

Prawo europejskie a polska tożsamość konstytucyjna (aspekty prawno-polityczne)
European law and Polish constitutional identity (legal and political aspects)

Author(s): Jan Wawrzyniak
Subject(s): Constitutional Law, EU-Legislation, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: constitutional identity; national identity; European law; legal language; legal language; rule of law; separation of powers; constitutional courts;

Summary/Abstract: The article’s research aims to answer whether constitutional identity (as well as numerous doctrinal studies concerning constitutional identity) may substantially help solve problems regarding the relationship between European law and national law. The article discusses the hypothesis that the identity and the studies multiply doubts and uncertainty rather than answer the pragmatic questions in constitu- tional law. The author deals with identity as a social construct and convention created by academics and constitutional courts. Identity belongs primarily to the dictionary of academic language. It is rarely used in normative acts, in particular in constitutional provisions. The constitutional identity seems to be also vague and controversial for the author. Nevertheless, studies on identity may – as the article suggests – realise at least one (constitutionally important) aim. It is a better self-consciousness of constitutional law scholars, which may help them – at the end of the day – to discuss the relationship between European law and national law in more and more precise terms.

  • Issue Year: 2023
  • Issue No: 3
  • Page Range: 25-42
  • Page Count: 18
  • Language: Polish