The role and significance of the doctrine of imperative requirements in European Union law – Lublin, October 28, 2022.
Dr. Artur Trubalski, The role and significance of the doctrine of imperative requirements in EU law
Dr. Edyta Krzysztofik, The doctrine of imperative requirements and the principle of respect for the national identity of Member States, including their political and constitutional structures.
The topics discussed during the seminar serve as an introduction to the subject of the project. The first speaker, Dr. A. Trubalski, explained the meaning of the doctrine under analysis and the conditions for its application. He outlined its development, starting with the landmark judgment in Case C 120/78 Cassis de Dijon up to the present day. The analysis of the issue showed that in the initial period, this doctrine was applied to the free movement of goods, and then its scope was extended to all freedoms of the internal market. The main purpose of the doctrine of imperative requirements is to limit the application of EU law in situations where a state invokes the protection of its important interests, including the protection of specific values.
Continuing her discussion, Dr. E. Krzysztofik referred directly to the possibility of applying the doctrine in question to the concept of marriage and family. The main subject of her presentation was the principle of respect for the national identity of Member States, including their political and constitutional structures, as a structural principle, but also as a general principle of EU law. According to the established case law of the Court of Justice of the European Union, Member States invoked the doctrine of imperative requirements in situations where the application of EU law led to a violation of one of the national values (e.g., native language, cultural goods) but also constitutional values (such as the protection of dignity, the right to express opinions, the protection of the principle of equality understood as a ban on the use of noble titles with surnames), i.e. elements shaping the concept of national identity, including constitutional identity. Dr. E. Krzysztofik discussed two ECJ judgments directly related to the subject of the project: C 673/16 Coman and C 490/20 V. M. A. v. Stoliczna obsztina, rajon “Panczarewo.” The first judgment addresses the issue of the definition of marriage. The second, based on the thesis mentioned above, clarifies the issue of the definition of a child’s parents.
Both presentations met with great interest from the seminar participants and sparked a wide-ranging discussion.
