National Identity in EU Law
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 12 February 2015
- ISBN 9780198733768
- Binding Hardback
- No. of pages398 pages
- Size 240x162x28 mm
- Weight 738 g
- Language English 0
Categories
Short description:
With a focus on how national identity impacts the decision-making of the European Court of Justice, Elke Cloots provides an innovative adjudication scheme that purports to assist the ECJ in its search for a proper balance between respect for national identity and European integration.
MoreLong description:
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.
This book is a very interesting read on a major and highly sensitive topic. It represents a valuable contribution to an ongoing debate.
Table of Contents:
Introduction
Part I. The ECJ's Duty to Respect National Identity
A Legal Obligation to Respect National Identity
The Value of Respect for National Identity
Respect for National Identity and European Integration
The Meaning of the Identity Clause
Part II. Methods of Adjudication
National Identity and Primary EU Law: Methods of Adjudication
Member State Federalism and Primary EU Law
Constitutional Rights and Primary EU Law
Domestic Language Norms and Primary EU Law
National Identity and Secondary EU Law
