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Dealing with Parallel Universes: Antinomies of Sovereignty and the Protection of National Identity in European Judicial Discourse

Konstadinides, T (2015) Dealing with Parallel Universes: Antinomies of Sovereignty and the Protection of National Identity in European Judicial Discourse Yearbook of European Law, 34 (1).

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Abstract

This article addresses the relevance of national identity to EU and domestic judicial practice. It argues that there are two parallel universes of protection in the EU Treaty and national constitutions which often pose conflicting obligations to those bound by them and which do not communicate nearly enough. Judicial interpretation of the relevant EU and national provisions is a welcome development but not always key to reconciling differences. To this purpose, the article reflects on the CJEU’s interpretation of the EU’s renewed commitment in the Lisbon Treaty to protect national identities. It also provides a comparative overview of how Member States have construed their own national identity.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
AuthorsEmailORCID
Konstadinides, TUNSPECIFIEDUNSPECIFIED
Date : 1 December 2015
Identification Number : 10.1093/yel/yev012
Related URLs :
Additional Information : This article has been accepted for publication in Yearbook of European Law Published by Oxford University Press.
Depositing User : Symplectic Elements
Date Deposited : 23 Sep 2015 15:27
Last Modified : 23 Sep 2015 15:27
URI: http://epubs.surrey.ac.uk/id/eprint/808487

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