Конституционните принципи и ценности в светлината на приложимото право
Constitutional Principles and Values in the Light of Applicable Law

Author(s): Emilia Siderova
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Political Theory, Politics and law, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Constitution; principles; EU law; applicable law; national constitutional identity; state sovereignty; Constitutional Court; a direct effect of constitutional norms; preliminary inquiry to the Court of Justice of the EU
Summary/Abstract: In recent years, there has been an extraordinary expansion of the primacy of Union law to the extent of affecting the sovereignty of the state, its constitutional principles, and understandings on matters that are the exclusive competence of the member states. The reference to national constitutional identity, as a last measure to preserve and uphold the recognized differences and diversity in the EU from the action of EU law, is gradually being overcome and calls into question the supremacy of the Constitution as the fundamental law of the state and society. The determination of the applicable law by the decisions of the Court of Justice of the EU is increasingly motivated by concealed generally accepted principles and legal-political arguments in clear contradiction to established constitutional values and rejected understandings. The assertive introduction of a considered modern and liberal view of the concept of gender and the new notions of social/civic gender, the possibility of gender self-determination, the recognition of gender change, the conclusion of same-sex marriages, which are accepted in some EU member states and rejected in others, and the associated problems in determining origin, citizenship, children's rights, etc., prompts the search for new solutions to limit the scope of EU law. Despite the obligatory nature of the interpretative decisions of the Constitutional Court on significant issues of the constitutional regulation of national state bodies, the dispute can be reconsidered at the initiative of the courts. Thus, the request for a preliminary ruling from the Court of Justice of the European Union (CJEU) may turn out to be a cornerstone of the applicable law.

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