dc.contributor.author | DE WITTE, Bruno | |
dc.date.accessioned | 2022-01-13T15:00:23Z | |
dc.date.available | 2022-01-13T15:00:23Z | |
dc.date.issued | 2021 | |
dc.identifier.citation | European public law, 2021, Vol. 27, No. 3 , pp. 559-570 | en |
dc.identifier.issn | 1354-3725 | |
dc.identifier.uri | https://hdl.handle.net/1814/73604 | |
dc.description.abstract | 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. | en |
dc.language.iso | en | en |
dc.publisher | Wolters Kluwer | en |
dc.subject | National constitutions | en |
dc.subject | Institutional diversity | en |
dc.subject | Cultural diversity | en |
dc.subject | Regional autonomy | en |
dc.subject | Judicial organization | en |
dc.title | Article 4(2) as a protection of the institutional diversity of the Member States | en |
dc.type | Article | en |
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