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The Case-Law of the Court of Justice of the EU on How to Respect the National Identities of the Member States Pursuant to Article 4(2) TEU
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Journal Article
The Case-Law of the Court of Justice of the EU on How to Respect the National Identities of the Member States Pursuant to Article 4(2) TEU
2024
Overview
Just as the national legal framework of each Member State of the EU should allow the possibility that a child’s same sex parents be recognized as such, the obligation, if any, to teach a curriculum exclusively in the official language of the state at issue should disappear given that multilingualism is a fundamental value of the EU pursuant to Article 3(3), fourth indent, TEU. Neither respect for Member States’ national identities pursuant to Article 4(2) TEU nor the principle of proportionality alter that conclusion. The author believes that respect for the national identities of the Member States of the EU should in no way whatsoever limit the primacy (supremacy) of EU law, contrary to the stance of certain legal scholars. The case-law of the Court of Justice of the EU is slightly ambiguous in that respect. The same goes for that of the European Court of Human Rights, which accepts in certain circumstances protection of constitutional identity as a legitimate aim for differential treatment.
Publisher
Aspen Publishers, Inc
Subject
