National Identity as a Useful Tool for Setting Limits to European Integration

• 作者: Danuta Kabat-Rudnicka
• 来源期刊: 国际关系与外交:英文版
• 学科: 社会科学
• 关键词: national IDENTITY CONSTITUTIONAL IDENTITY CONSTITUTIONAL courts COURT of JUSTICE EU
• 年，卷（期）: 2018,（3）
• 页码范围: 143-151
• 页数: 9页
• 分类号: C

摘要

The European Union law,a new order of international law,permeates the legal orders of the Member States,binding not only states but also citizens.However,this permeation of the European Union law into the constitutional orders of the Member States is not unconditional.One of the limits is the national identity,understood as the constitutional identity.In legal terms,the concept of national identity is narrower than the one,characteristic for the national tradition.And it is the constitutional identity that shapes the relationship between the European Union and the Member States.The purpose of this study is to show the relationship between the European Union legal order and legal(constitutional)orders of the Member States.It will focus on such aspects as:national and constitutional identity,the concept of national identity shaped by the case law of the European Court of Justice and the significance of constitutional identity in the jurisprudence of constitutional courts.