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dc.contributor.authorDE WITTE, Bruno
dc.identifier.citationEuropean public law, 2021, Vol. 27, No. 3 , pp. 559-570en
dc.description.abstractThe 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.en
dc.publisherWolters Kluweren
dc.subjectNational constitutionsen
dc.subjectInstitutional diversityen
dc.subjectCultural diversityen
dc.subjectRegional autonomyen
dc.subjectJudicial organizationen
dc.titleArticle 4(2) as a protection of the institutional diversity of the Member Statesen

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