Bulletin n. 1/2012
June 2012
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Nabli Béligh
    L'identité (constitutionnelle) nationale: limite à l'Union européenne?
    in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 556, mars ,  2012 ,  210-215
    The European Union is facing the constitutional national identity of its member countries. The identity claim in domestic and European legal orders renews the issue of the Union's limits. Not only does European integration not require State denationalisation, but the assertion of national identity is a new sign of the significance of the state aspect of the Union. It also expresses the diversity of such integrated sovereign entities. Beyond their belonging to one organisation, Union countries are not monolithic blocks. National identity is thus part of an individualisation approach that increasingly characterises the terms of state participation in the Union. National identity has a constitutional aspect. The national identity/constitutional identity relationship is all the more topical since they are two separate legal categories. The recognised national identity of article 4 § 2 of the EU treaty does not cover the same area as the constitutional identity aimed at by some national constitutional courts. Nonetheless they merge in their function of European Union limitation. Yet, national identity should not prevent the European integration process. In other words, the legal scope of national identity itself is limited.
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