scholarly journals The Constitutionalisation of National Identity in EU Law and Its Implications

2013 ◽  
Author(s):  
Theodore Konstadinides
Keyword(s):  
National Identity ◽  
Eu Law

scholarly journals National and Constitutional Identity in the Case Law of the Court of Justice of the European Union

2017 ◽  
Vol 1 (2) ◽  
pp. 6-27
Author(s):  
Ondrej Hamuľák ◽  
David Kopal ◽  
Tanel Kerikmäe
Keyword(s):  
European Union ◽  
National Identity ◽  
Main Part ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
Introductory Part ◽  
Before And After ◽  
Constitutional Identity

The aim of this paper is to determine the position of the CJEU towards the national identity with regard to its case law and whether the Court gives preference to the national identity or to the primacy of EU law during the balancing between the constitutional principles and the interests of member states with EU law. The introductory part of the paper addresses the insertion and the development of the national identity clause in the primary law. Its main part consists of analysis of the case law of the CJEU, as well as of the opinions of Advocates General, in the period before and after the adoption of the Treaty of Lisbon.

scholarly journals National Identity in EU Law

2015 ◽  
Vol 13 (2) ◽  
pp. 548-551
Author(s):  
Monika Polzin
Keyword(s):  
National Identity ◽  
Eu Law

scholarly journals Nationalisms Versus Solidarity in Case of Eu Law and Security

2018 ◽  
Vol 24 (2) ◽  
pp. 221-224
Author(s):  
Nikolay Marin
Keyword(s):  
European Union ◽  
National Identity ◽  
Public Support ◽  
Eu Law ◽  
The European Union ◽  
Member States

Abstract The purpose of this article is to focus on the main prerequisites for the increasing nationalism among some of the Member States in the European Union and its impact in terms of solidarity, law, and security. In recent years, a number of events and processes have unlocked the growth of nationalism and the increase of its public support as a response to the fear of replacing the values and identity of European societies. For example, the disproportionate migratory pressures "woke up" in some European societies a legitimate fear for their national identity. It is now the time to offer legal mechanisms that are flexible enough for sharing security and finding a balance between the national and European interest in order to avoid a revival of extreme nationalism

scholarly journals Where culture, language and politics meet: Is there any place for national identity in the EEA legal system?

2019 ◽  
Vol 2 ◽  
pp. 108-122
Author(s):  
Allan F. Tatham
Keyword(s):  
National Identity ◽  
Legal Order ◽  
European Economic Area ◽  
Eu Law ◽  
The European Union ◽  
Eu Member States ◽  
Court Of Justice ◽  
Economic Area ◽  
Language And Politics ◽  
Constitutional Identity

Over recent years, most particularly with the entry into force of the Lisbon Treaty, the protection of national identity or constitutional identity has become a bone of contention between the Court of Justice of the European Union and the courts of EU Member States. While of obvious relevance to the development of the Union legal order, this concept has implications beyond the borders of the Union especially with respect to those EFTA states which are also members of the European Economic Area. With its own court, the EFTA Court, having successfully transposed (to varying degrees) fundamental EU law principles into the sui generis EEA system, this article considers whether or not it might repeat the process with national identity and, if so, the extent to which it might be successful.

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