The Protection of Constitutional Identity in the Case Law of the Constitutional Courts of Romania and Hungary – Comparative Analysis

Abstract

The constitutional identity of a state reflects the set of values by which a state identifies and distinguishes itself from other states. The concrete elements of constitutional identity are essentially derived from constitutions, but constitutional justice also plays a salient role, since the case law of each national constitutional court is intended to determine the framework of the constitutional identity of the given state. This contribution aims to compare the relevant case law of the constitutional courts of Romania and Hungary. One can observe that both constitutional courts give paramount importance to the protection of constitutional identity against the primacy of EU law; however, differences can also be identified between the elements of the Romanian and Hungarian constitutional identity. In what follows, after presenting some of the particularities of the concept of constitutional identity, the contribution will reflect on all these issues.