The changing relationship between the constitutional law of the Member States and the law of the European Union VEGA

About the project

The changing relationship between the constitutional law of the Member States and the law of the European Union

Principal Investigator: prof. JUDr. Marián Giba, PhD.

Implementation: 2026 - 2028

The aim of the proposed project is to analyse recent changes in the understanding of EU law. With recent decisions, the CJEU is reinforcing its position as the court of highest judicial authority within the EU and is moving toward the role of the highest federal court. In recent years, however, there has been a reverse trend by the constitutional courts of the Member States, which have gradually defined themselves against the 'uncontrollable' understanding of the primacy of EU law over national constitutional orders. The reaction to individual decisions is to initiate infringements against Member States, widening the gap between the constitutional courts (or similar bodies) and EU law. We are moving away from judicial dialogue into the realm of judicial delimitation. Based on the analysis of the judgments and the reactions of EU bodies, the project will define key aspects relevant not only for the decision-making of the Constitutional Court of the Slovak Republic, but also for academic practice.