The present article is an attempt to answer the question about the position of the principle of respect for constitutional identities of Member States and its impact on the application of EU law in the national legal order. For this purpose three areas will be considered.
Firstly, the analysis of the principle of respect for national identity in EU law and in the case law of the Court of Justice will be conducted.
Secondly, the principle of competence entrusted to the EU will be analysed, together with its interpretation at the EU level.
Thirdly, the understanding of the notion of constitutional identity in the case law of Constitutional Courts of selected Member States will be considered.
It proved that the principle of respect for constitutional identity is treated both at national and EU level as an integral part of the concept of “national identity”. The national identity has a broad meaning and refers to values that are cherished by a particular nation, which it considers to be an element distinguishing that nation from other nations. The constitutional identity narrows the scope and concentrates on the constitutional achievements, the expression of the legal culture and the achievements of the political thought of the nation, which were shaped by the history of a given nation. These two aspects jointly determine the position of the state and nation in international relations. The principle of respect for national identity is one of the constitutional principles of the EU. On one hand, it implies the EU’s duty to undertake activities which do not affect national identity, including constitutional identity, of Member States. On the other hand, it obligates it to ensure the diversity of Member States.