National identity

Elke Cloots

Chapter 7 in Research Handbook on European Constitutional Law, 2026, pp 118-136 from Edward Elgar Publishing

Abstract: More than any other principle laid down in the Union's basic treaties, the principle of respect for the Member States’ national identities (Art. 4(2) TEU) is contested. Not only the principle's content is subject to vigorous controversy, but also its very existence. This chapter sheds light on the main points of divergence amongst Union and national courts as well as in legal commentary, focusing on the value, the scope and the legal effects of the identity clause.

Keywords: National identity; Constitutional identity; Identity of the EU; Sovereignty; Primacy of EU law; Court of Justice of the EU (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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