Article 4(2) as a protection of the institutional diversity of the Member States
European public law, 2021, Vol. 27, No. 3 , pp. 559-570
DE WITTE, Bruno, Article 4(2) as a protection of the institutional diversity of the Member States, European public law, 2021, Vol. 27, No. 3 , pp. 559-570 - https://hdl.handle.net/1814/73604
Retrieved from Cadmus, EUI Research Repository
The main argument of this article is that the meaning of the national identity clause of Article 4 (2) TEU should be limited to what its text actually states, namely to a guarantee for the constitutional structures of the European Union (EU) Member States. The article rejects the broader meaning often given to this Treaty provision, namely that it offers a kind of generic protection for national diversity and national constitutional values. Such a broader meaning is not needed, since primary EU law contains many other provisions that protect national diversity, all of which have a specific meaning and role in the EU legal order. Giving Article 4(2) the broader meaning is harmful, as it opens the door to abusive and superficial uses of identity as a justification for non-compliance with EU law obligations from the side of the Member States.
Cadmus permanent link: https://hdl.handle.net/1814/73604
Publisher: Wolters Kluwer
Keyword(s): National constitutions Institutional diversity Cultural diversity Regional autonomy Judicial organization
Files associated with this item
There are no files associated with this item.