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Réflexions sur la nature de l'Union Européenne à partir du respect de l'identité nationale des Etats membres

Abstract : According to the European motto, « United in diversity », European construction would aim at an ever closer union among member States and their people without threatening their existence. Thus, such a formula seems to place the principle of national identity’s respect at the heart of the relationships between member States and the European Union (EU). Indeed, national identity is the synthesis of fundamental characteristics of each European nation, which both differentiates each State and reflects useful homogeneity between members of the same community. The respect of this identity participates to the preservation of States’ existence, but also to the evolution of the EU itself. The requirement of identity preservation was certainly first formulated at the national level, when States threatened to unilaterally protect their constitutional identity against EU law. Yet, national identity’s respect has changed from a sovereign State demand to an notion of Union law. Although it entered the scope of ECJ competence recently, it has already visible consequences on the European construction. It has even become a principle of interpretation and a way to justify an obstacle to trade autonomously. It highlights the originality of EU nature and functioning, in contributing not only to limit the sovereign resistance of States, but also to make legal pluralism emerge. Furthermore, it tends to reinforce this originality, on the one hand, by underpinning the development of a member States specific status, giving it a right to have its specific features respected, and, on the other hand, by strengthening constitutionalisation of EU identity based on the common elements of national constitutional identities. As a consequence, this principle shows the originality of European construction by being not only its results, but also one of its sources.
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Submitted on : Thursday, March 29, 2018 - 12:58:17 PM
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Pierre - Etienne Lehmann. Réflexions sur la nature de l'Union Européenne à partir du respect de l'identité nationale des Etats membres. Droit. Université de Lorraine, 2013. Français. ⟨NNT : 2013LORR0323⟩. ⟨tel-01750918⟩



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