National Identity in EU Law

Hardcover | March 12, 2015

byElke Cloots

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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 invokingtheir 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 approachto 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 suchidentity-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 theissues 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.

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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 invokingtheir national identity in an attempt to justif...

Dr. Elke Cloots is Senior Affiliated Researcher at the Leuven Institute for European Law. Elke obtained a PhD in law at the University of Leuven in 2013. She holds a Master's degree in law from the University of Leuven (2006) and a post-graduate degree from the University of Oxford (MJur, 2009). She lectured EU Law at the Maastricht C...

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Format:HardcoverDimensions:400 pagesPublished:March 12, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198733763

ISBN - 13:9780198733768

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Table of Contents

1. IntroductionPart I. The ECJ's Duty to Respect National Identity2. A Legal Obligation to Respect National Identity3. The Value of Respect for National Identity4. Respect for National Identity and European Integration5. The Meaning of the Identity ClausePart II. Methods of Adjudication6. National Identity and Primary EU Law: Methods of Adjudication7. Member State Federalism and Primary EU Law8. Constitutional Rights and Primary EU Law9. Domestic Language Norms and Primary EU Law10. National Identity and Secondary EU Law