The Concept of National Identity in the EU Law: A Silent Weapon of Euroscepticism?

Abstract

The article deals with the concept of national identity in the context of
Art. 4 par. 2 TEU, which guarantees respect for national identity by the
European Union. National identity is closely linked to the principle of
the primacy of EU law, and the case-law of the constitutional courts has
made it an exception to this principle. The article examines the very
concept of national identity, how the content of this concept is defined,
and who defines it. As this is a matter of constitutional law, in particular,
the analysis is conducted by examining the positions and case law
of the German Constitutional Court in its most essential judgments.
Subsequently, the attitude of Poland is analyzed, which increasingly
uses the argument of national identity in its favor, but its legitimacy and
good faith are questionable.