Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8bljj Total loading time: 0 Render date: 2024-06-18T15:15:10.006Z Has data issue: false hasContentIssue false

2 - Article 4(2) TEU as a Vehicle for National Constitutional Identity in the Shared European Legal System

from Part I - Constitutional Identity Introduced and Its EU Law Dimension

Published online by Cambridge University Press:  03 October 2019

Christian Calliess
Affiliation:
Freie Universität Berlin
Gerhard van der Schyff
Affiliation:
Universiteit van Tilburg, The Netherlands
Get access

Summary

Art. 4(2) TEU provides that the European Union (EU) shall respect Member States’ national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. This chapter examines the extent of this duty resting on the EU with regard to both the content and normative functions of the identity clause. Analysed against the backdrop of multilevel constitutionalism, an understanding of the identity clause as a Verbundnorm is proposed. The chapter outlines this understanding and shows how it helps untangle and explain in detail the modality and extent of the connection between the identity clause and the Member States’ constitutional identity debates. Building on this, the chapter then explains how application of the identity clause can be aimed at establishing and ensuring the functioning of the European legal system as a whole.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×