WHO IS THE MASTER OF THE TREATIES: CONSTITUTIONAL IDENTITY BETWEEN THE SCYLLA AND CHARYBDIS OF CJEU AND NATIONAL CONSTITUTIONAL COURTS

This paper examines the evolving judicial interplay around the constitutional identity clause enshrined in Article 4(2) TEU, as articulated through the recent jurisprudence of the Court of Justice of the European Union (CJEU). It posits a perceivable doctrinal shift wherein the CJEU, moving from a traditionally deferential posture, now asserts a more centralized and stringent interpretive authority over claims of constitutional identity advanced by Member States. Through analysis of landmark rulings, the article contends that the Court is actively constructing a supranational “EU constitutional identity” grounded in Article 2 TEU values, thereby circumscribing the scope for domestic constitutional reservations and recalibrating the constitutional architecture of the Union towards enhanced juridical cohesion.