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Gábor Halmai
Conclusive Remarks
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According to the European discourse about primacy of EU law and pluralism, the concept of national constitutional identity in Article 4(2) TEU means that the member states can define its own national identity, but the decision about the compatibility of the national identity with EU obligations since the Treaty of Lisbon is always vested in the European Court of Justice, which makes the ultimate decision on Kompetenz-Kompetenz. Under the revised identity clause of Article 4(2) TEU member state constitutions can specify matters of constitutional identity, and constitutional courts can apply identity control tests to EU acts. Under certain limited circumstances, member states are even permitted to invoke constitutional limits on the primacy of EU law. The boundaries of these constitutional limits are embedded in the principle of sincere cooperation contained in Article 4(3) TEU.

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