University:
University College London
Course:
LAWS0014 | European Union Law
Academic year:

2024
Views:

144

Pages:

2
Author:

Nam B.

Name : Date : 1. How did Croatia’s constitutional amendments in 2010 prepare the country for EU membership in legal terms? Answer: Croatia’s amendments created a new chapter regulating EU legal authority and harmonizing national laws with EU law. Article 145 notably embraced the supremacy and direct effect of EU law, thus embedding EU principles directly into the Croatian legal system—making it constitutionally compatible with EU membership. 2. What is the significance of the Perković case in Croatia's integration into the EU’s legal framework? Answer: The case highlighted tensions between national and EU judicial obligations. Despite EU pressure, Croatian courts avoided referring to the CJEU, emphasizing national autonomy in legal interpretation. This tension exposed gaps in judicial cooperation and challenges in embracing EU legal supremacy. 3. How does the Croatian Constitutional Court assert its authority in relation to the CJEU? Answer: The Court may declare EU law ultra vires if it violates Croatian constitutional identity or human rights—reflecting a balance of respect and reservation. This establishes the national court as a gatekeeper in defining EU law’s domestic applicability. 4. What constitutional identity claims did Croatia invoke, and how do they relate to EU law? Answer: Croatia referenced minority equality as a core identity element, suggesting that if EU law contradicts these national values, it may be constitutionally contested. This exemplifies how constitutional identity can serve as a defensive legal shield against supranational impositions. 5. What does the “dialogue not subordination” concept imply in EU judicial relations? Answer: It asserts that national courts and the CJEU should interact as peers, not in a hierarchical chain. This ensures respect for national legal traditions while fostering EU-wide legal consistency.