| Title |
Protection of national identity in the cjeu / |
| Translation of Title |
Nacionalinės tapatybės apsauga ESTT. |
| Authors |
Akhundov, Ruslan |
| Full Text |
|
| Pages |
52 |
| Keywords [eng] |
European integration, Article 4(2) TEU, supremacy of EU law, European identity, constitutional identity, pluralism. Europos integracija, ES sutarties 4 straipsnio 2 dalis, ES teisės viršenybė, Europos tapatybė, konstitucinė tapatybė, pliuralizmas. |
| Abstract [eng] |
This master’s thesis provides an academic exploration of the evolution of national identity within the formation of the European Union (EU). The Maastricht Treaty initially introduced a provision that briefly stipulated the EU’s obligation to acknowledge the national identities of its Member States. However, this concept was broadened by the Treaty of Lisbon and the introduction of Article 4(2), which connected national identity to fundamental political and constitutional structures, thereby safeguarding Member States from potential EU encroachments. The EU’s strategy seeks to harmonize the respect for national identities with the cosmopolitan project of European integration. This process enriches the distinctiveness of each nation’s ethos, intertwining the fabric of national identity with the fundamental values delineated in Article 2 of the Treaty on European Union (TEU). The author explores the main elements of identity, outlines the differences in the application of terms of national and constitutional identity. The paper examines the approach of the European Union to the concept of national identity, the challenge to the traditional concept by the emergence of the European Union and the concept of European identity. A large part of the work is devoted to the analysis of the main cases of the Court of Justice of European Union in order to outline the general practice of the Court’s approach to the concept of national identity and to clarify examples of the elements that national identity can consist of. After the analysis of judicial practice, the main problematic points of the existence and protection of national identity and its interpretation by the Court were identified. At the end, possible options for solving existing challenges related to national identity and its protection by the CJEU are proposed. |
| Dissertation Institution |
Vilniaus universitetas. |
| Type |
Master thesis |
| Language |
English |
| Publication date |
2024 |
