National Identity in the Legal Framework of the European Union

Transposing member states fears concerning the disintegration and the deconstruction of national identity in the process of European integration, the EU primary law recognizes the concept of national identity of the member states, requiring the Union to respect the identity of the states in the exercise of its powers and the control of the member states. A statement accredited by the Lisbon Treaty, article 4(2) of the Treaty on European Union (TEU) says the following: "The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security. In particular, national security remains the sole responsibility of each Member State". The recognition of the concept of national identity in primary legislation is not in itself. The matter under discussion concerns the practical usefulness, the constrictive force of the national identity provision of Article 4 (2) TEU given the fact that, although it is the member states that hold the monopoly as far as the framing of the national identity is concerned, the competence to establish the compatibility between the national interests and the obligations imposed by the UE right is undertaken by the EU Court of Justice. In other words, what is the obligation for the institutions of the Union, doesn't this aspect come to affect the national identity of the Member States? Starting from the jurisprudence of the Court of Luxembourg, we aim in the present paper at identifying the potential consequences of using provision in compliance with national identity in derogation of EU law.