National Identity in EU
Law
by Elke Cloots (Author)
Despite nearly sixty years
of European integration, neither nations nor national loyalties have withered
away. On the contrary, national identity rhetoric seems on the rise, not only
in politics but also in legal discourse. Lately we have seen a rise in the
number of Member States invoking their national identity in an attempt to
justify a derogation from a requirement imposed on them by a Treaty article or
an EU legislative act, or to legitimize a particular national reading of such
an EU norm. Despite this, the European Court of Justice (ECJ) has yet to
develop a coherent approach to such arguments, or express a vision of the role
national identity should play in EU law.
Elke Cloots undertakes
this task by providing a principled and coherent scheme for the adjudication of
disputes involving claims based on the national identity of a Member State.
Should arguments involving national identity be legally relevant? If yes, how
should the ECJ approach such identity-related interests? Cloots crafts a
normative framework to assist the ECJ in striking the right balance between
European integration and respect for the identity concerns at issue.
The book combines rigorous
theoretical inquiry with thorough analysis of the European Treaties and case
law, with particular attention paid to litigation involving domestic measures
concerning the national system of government, constitutional rights
protections, and language policy. Clarifying the issues at stake and presenting
a solution to these problems, this book will be an invaluable resource for the
academics, lawyers, and policy makers in the field.
