The EU integration through the lenses of domestic Constitutional/Supreme courts: the material scope of constitutional clashes

In 2021 two rulings discussing the operation of EU law were issued in Poland and Hungary. Although different in tone and in subject, the statements in both decisions underly a divergence going beyond the EU law provisions at stake therein. This feature emphasises a major distinction with the judicial clashes arisen in the past where, supporting their claims by referring either to the ultra vires doctrine, or to the concept of national identity as potential obstacles to the implementation of EU law, national courts engaged in a dialogue with the CJEU. From this perspective, reflecting on the material scope of these clashes may constitute a key to catalogue them all and, also, to highlight a structural difference as regards the most recent ones which background is occupied by the crisis of values.