In this article I discuss various possible ways of understanding the character of and relations between legal systems in the European Union. In particular, I consider whether there is an EU legal system distinct from and in addition to the national legal systems of EU Member States, or whether it is better to conceive of EU law merely as an aspect of Member States’ legal systems, or indeed whether we should think of there being but a single EU (...) legal system of which Member States’ “national legal systems” are in some sense sub-systems.Resumen:Este artículo discute varios modos posibles de comprender el carácter de los sistemas jurídicos de la Unión Europea y sus relaciones. En particular, se plantea la cuestión de si existe un sistema jurídico en la Unión Europea adicional y distinto del sistema jurídico nacional de los Estados miembros; o si es mejor concebir el derecho de la Unión Europea simplemente como un aspecto de los sistemas jurídicos de los Estados miembros; o bien, si es que deberíamos pensar que no hay sino sólo un sistema jurídico en la Unión Europea con respecto del cual los “sistemas jurídicos nacionales” de los Estados miembros son en cierta forma subsistemas. (shrink)

Japan, Russia, and Turkey are major examples of countries with different ethnic, religious, and cultural background that embarked on the path of modernization without having been colonized by a Western country. In all three cases, national consciousness has played a significant role in this context. The project of Modernity is obviously of European origin, but is it essentially European? Does modernization imply loss of a country’s cultural or national identity? If so, what is the “fate” of (...) the modernization process in these cases? The presence of the idea and reality of civil society can be considered a real marker of Modernity in this respect, because it presupposes the development of liberalism, individualism and human rights. But are these compatible with nationalism and with the idea of a national religion? These questions are the more pressing, as Japan is considered part of the Western world in many respects, and Russia and Turkey are defining their relation to the European Union in different ways. An investigation of these three countries, set off against more general reflections, sheds light on the possibilities or limitations of modernization n a non-European context. (shrink)

Debates about the EU show that the holy trinity of absolute, indivisible sovereignty, nationality/citizenship and national identity/loyalty should be replaced by multilayered, pluralist concepts for descriptive, explanatory and normative purposes. Democratic pluralism criticizes replacement‐strategies (of the nation‐state by a European state, citizenship‐rights by human rights, national obligations by European or global ones). It opts for productive complementarity guided by two principles: “proximity and accountability” and “correspondence of powers and democratic say” and for progressive transdomestic shifts. The (...) inclusion of the articles on citizenship in the EC Treaty has, unintendedly, contributed to such a shift though it missed historical chances to develop a more democratic and social EU living up to minimal global obligations. (shrink)

This article explores the tension between an understanding of Europe as purveyor of a certain kind of cultural, spiritual or religious identity and the more or less bureaucratic project of European construction undertaken in its name. The central axis of this tension is the theoretical relationship between identity and legitimacy. The classical modern problem of nation-state building involves integrating the legitimating force of collective identity into the institutions of the state. How does the project of European construction respond (...) to an analogous challenge? This article develops this theoretical question by turning to two canonical positions concerning the relation between institutional legitimacy and its cultural, spiritual or religious under-pinnings - Montesquieu and Weber. It then returns to the founding documents of the EU in order to interrogate the legitimacy of the EU in light of the concept of European identity. (shrink)

The article offers a concise view on the problems related to the compatibility of the religious clauses in the Polish Constitution with the principles and standards of the European Union and with the constitutional regulations of other individual member states. The author particularly demonstrates to what extent Poland is different or even unable to enter this community and fully participate in the integration of the continent. In the first part of the article, the author studies the content of the (...) Polish basic law provisions on religion, in the second—the corresponding European Union regulations and similar rules in force in the individual nations of the continent. The article concludes that the constitutional provisions on religious matters demonstrate that regulations in the Polish basic statute are not more confessional than those established in other European Union countries. (shrink)

ABSTRACT: After World War Two a gigantic effort was made in order to build a viable and stable international order, beginning with the Bretton Woods agreement that was aimed to stabilize the international monetary system, and with the United Nations, that were intended to restore legality in interstate affairs and somehow initiate a cosmopolitan conversation among Nation States. This order is now slowly crumbling down, paradoxically through globalization, and a triumphant neoliberalism. A new, but indeed quite old narrative, rather a (...) myth, of what a national identity means is again getting the upper hand.KEYWORDS: international relations, international law, European Union, globalization, national identity. (shrink)

This article discusses the conditions of research in international and European contexts, in particular European elite politics and politicians, arguing that the researcher is a central agent and research instrument in this process. The article suggests that the researcher finds herself renegotiating parts of her socially assigned identity in relation to European national and international structures and discusses the ways in which the gendered ‘self’ remains the centre of a research project above other identity componentseven in (...) such conditions that might appear to be gender neutral. The article examines the micro-politics of research from the level of archive research to elite interviewing. (shrink)

Un an après l'adhésion de la Bulgarie à l'Union européenne les enjeux liés à la reconnaissance identitaire et à la sauvegarde de la langue et de la culture bulgares sont d'une importance cruciale pour l'avenir du pays. L'article questionne la problématique de la diversité culturelle, vécue en Bulgarie, au quotidien. La gestion pacifique de la diversité ethnique, malgré les difficultés existantes, a constitué un élément important pour l'intégration européenne de la Bulgarie. Face aux défis de la mondialisation et aux bouleversements (...) technologiques en cours, des efforts particuliers ont été consacrés à l'insertion des technologies de l'information et de la communication dans l'enseignement. La langue bulgare et l'alphabet cyrillique contribuent en outre à la diversité linguistique au sein de l'Union. Pour les Bulgares, la communication interculturelle et le plurilinguisme sont devenus des éléments indispensables pour la mise en oeuvre d'une réelle diversité culturelle.One year after the accession of Bulgaria to the European Union issues related to identity recognition and preservation of language and culture in Bulgaria are of crucial importance for the future of the country. The paper discusses the issue of cultural diversity, lived in Bulgaria, everyday. Peaceful management of ethnic diversity, despite the existing difficulties, has been an important element of European integration of Bulgaria. The challenges of globalization and technological changes underway, efforts have been devoted to the integration of information technology and communication in education. Bulgarian language and the Cyrillic alphabet also contribute to the linguistic diversity in the Union. For the Bulgarians, intercultural communication and multilingualism have become indispensable for the implementation of a real cultural diversity. (shrink)

The European community that is in the process of being created is still searching for its history. For a few years now, the publishing market, which has been attempting - under the heading of ‘European history’ - to construct a shared past for a present that we now have in common, has been mushrooming. This communal experience is indisputably gaining ground (though more slowly and controversially than some well-known optimists hoped): it is promoted by freedom of movement within (...) the European Union, by the effect of tourism, which some time ago ceased being reserved only for the elite, by the availability everywhere of products that, a few years back, typically represented a certain type of national styles of consumption, and finally by the unifying influence of the media. To the extent that closer relations between the inhabitants of the ‘old world’ run in parallel with the attempt to create institutions to regulate these common goods, and to protect against movements of people from other areas with their own sets of values, a combination of powerful ingredients is in place that leads one to anticipate a strengthening of ‘European’ identity. It is well known in research into identity that history plays an important part in its construction. And indeed historians from European countries have set themselves the task of jointly putting together a school textbook in which presentations that might otherwise focus on national character and be likely to offend neighbours will be harmonized. Others are looking at ways of celebrating memory (places of memory) that are intended to stimulate European rather than national memory. In addition, German and French historians met a while ago, in the little place of Genshagen near Berlin, with the intention of identifying events that would be suitable for European celebrations, in that they would not be connected with events that one of the participants might be ashamed of, or refer directly to a victory of one over another. But to anyone who studies the history of the two neighbours separated only by the Rhine, it quickly becomes clear that there is not a lot of space left in the calendar for activities that would found a common tradition. (shrink)

The paper argues that while the Serbian society and political elite are known for treating their country’s accession to the EU in terms of pragmatic utility maximisation, they generally conceive of Serbian relations with Russia, contrariwise, as an identity-laden issue. To prove it, the author analyses Serbia’s behaviour toward Russia along the features of emotion-driven cooperation, found in the literature on identity and emotions in foreign policy. In particular, the paper focuses on Serbians’ especially strong friendliness vis-à-vis Russia, the parallel (...) existence of the Other (the West) in their identity and the particularly strong intensity of their attraction to Russia during Serbia-West conflicts, the reinforcement of their affection to Russia by national traumas, the endurance of the affection’s strength despite conflicting rational interests and negative experiences in bilateral interaction, the frequent occurrence of references to Russia in Serbia’s domestic discourse and decisional justifications and a large use of historical analogies concerning Russia. Finally, the author ponders over the implications of the existent configuration of emotional and pragmatic forces in Serbian politics for the country’s current and future conduct toward Russia and the EU. (shrink)

Nationalism is inextricably connected with the modern history of nations and nationstates, and reflects the axiological sets derived from the aspirations of young nations. However, recent political, economic and social developments at the global level have determined the resurgence of nationalism, and signs of the pheno¬menon are also visible in Europe, although the old continent has enabled principles of cross-border solidarity and cohesion through transnational constructions such as the European Union. Europeanism, European identity and identification with Europe are (...) still fragile, and rather indefinite, and at the same time challenged by new and powerful types of nationalism. The present work argues that national education emerged and developed as a natural response to the formation and affirmation of nationstates, whereas multicultural, respectively intercultural education may answer the needs of contemporary societies, which face pressure to balance complex national and transnational mutations. This paper's contribution is to focus on the European context, and it stresses the necessity of transnational agreement on terms and semantics connected with intercultural education, given its potential role in supporting equity, solidarity and social stability. (shrink)

Europeanization is part of globalization and in this context the European Union is propelled by wider forces of technological, economic, financial and political change. Cultural identity is discussed against this backdrop. If presently there is a surfeit of national and ethnic identity talk, evoked from parochial perspectives, there is a deficit of European identity and reflexivity in terms of politics, political economy and the social capitalism which Rhineland Europe used to represent. An open, casual definition of (...) class='Hi'>European identity may be appropriate on historical grounds, in view of the multicultural antecedents of European cultures; on theoretical grounds, considering that culture is open‐ended; on political grounds, in view of postnationalist definitions of citizenship. It may be welcome medicine for Eurochauvinism. It may also be pragmatic in relation to ongoing technological and economic changes. With a view to narrowing the split between disciplines and sensibilities it would be important to integrate cultural, political and economic analyses and to arrive at a forward‐looking combination of agendas. (shrink)

From the political point of view, European Union (EU) integration implies some kind of unity in the community constituted by EU citizens. Unity is difficult to attain if the diversity of citizens (and their nations) is to be respected. A thick bond that melts members' diversity into a 'European pot' is therefore out of the question. On the other hand, giving up unity altogether makes political integration impossible. Through a meta-theoretical analysis of normative positions, this paper proposes a (...) composed notion of European identity that links without binding. It contains four facets – cultural, political, social, external – with nuances, expressed in three binaries, that cut across all of them – history-project, ethos-achievement, commonness-uncommonness. I will submit that a workable European identity (and the related concepts of unity, polity and citizenship) can be better conceived as analogical – a mid way between blending unity and irreconcilable diversity. (shrink)

ABSTRACT Since the United Kingdom’s referendum on European Union (EU) membership in 2016, a new political cleavage of Remainers and Leavers has developed (Kelley, N. [2019]. British social attitudes survey: Britain’s shifting identities and attitudes. (36). National Centre for Research). This paper explores how five pro-Brexit newspapers discursively construct political division in Britain in relation to two key events in the final year of Britain’s EU membership: the extension of the withdrawal process past the original date of (...) March, and the introduction of the Benn Act in September. The paper reveals two primary discursive constructions of division in Britain: a divide between incompetent and arrogant political officials and an innocent, suffering public, and an identity cleavage between pro-Remain ‘elites’ and ‘ordinary’ Leave-voting citizens. The study argues that the construction of these divisions threatens a collective national identity in Britain at a time when it is most required. It concludes that by apportioning blame for socio-political divisions, the newspapers obfuscate their role in contributing to disunity in the UK. (shrink)

The approach to analysing population ageing and its impacts on the economy has evolved in recent years. There is increasing interest in the development and use of products and services related to gerontechnology as well as other social innovations that may be considered as central parts of the "silver economy." However, the concept of silver economy is still being formed and requires detailed research. This article proposes a typology of models of the silver economy in the European Union at (...) the national and regional levels. This typology was created by comparing the Active Ageing Index to the typology of varieties and cultures of capitalism and typology of the welfare states. Practical recommendations for institutions of the EU and directions for further research are discussed. (shrink)

An Irish surrogacy case from 2013 illustrates how negotiations of the mother’s identity in a given national and legal context are drawing on novel scientific perspectives, at a time when the use of new biotechnological possibilities is becoming more widespread and commonplace. The Roman dictum, ‘Mater Semper Certa Est’ is contested by the finding of this Irish court, in which the judge made a declaration of parentage stating that the genetic parents of twins born using a surrogate were the (...) parents. This article critically examines the normative background assumptions involved in this ruling. It will argue that the particular deployment of arguments from genetics and epigenetics in this court case produces a naturalization of the mother’s identity that is inherently reductive. A second surrogacy case is also examined, this time regarding the rights of a woman of Irish nationality to receive paid maternity leave or paid leave similar to adoptive leave after the birth of her daughter to a surrogate mother in the US state of California. This case, which was brought to the Equality Tribunal in Ireland and decided by the Court of Justice of the European Union, is used to illustrate the possible ramifications of conflicting definitions of motherhood in the legal system. In concluding, this article argues for the development and deployment of a more complex understanding of the evolving state of motherhood within the courts, in keeping with developments in the IVF industry and the various new mother-relations it makes possible. (shrink)

Where do political identities come from, how do they change over time, and what is their impact on political life? This book explores these and related questions in a globalizing world where the nation state is being transformed, definitions of citizenship are evolving in unprecedented ways, and people's interests and identities are taking on new local, regional, transnational, cosmopolitan, and even imperial configurations. Pre-eminent scholars examine the changing character of identities, affiliations, and allegiances in a variety of (...) contexts: the evolving character of the European Union and its member countries, the Balkans and other new democracies of the post-1989 world, and debates about citizenship and cultural identity in the modern West. These essays are essential reading for anyone interested in the political and intellectual ferment that surrounds debates about political membership and attachment, and will be of interest to students and scholars in the social sciences, humanities, and law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Europe and EmbodimentA Levinasian PerspectiveJames Mensch (bio)The question of Europe has been raised continually. Behind it is the division of the continent into different peoples, languages, and cultures, all in close proximity to one another. Their plurality and proximity give rise to the opposing imperatives of trade and war. Since ancient times, the need to promote trade and the desire to prevent war have driven the search for a (...) basis for European unity. Various candidates, from that of Roman law in ancient times to the current economic and regulatory union of today, have been tried. Such bureaucratic solutions, however, have not proved sufficient. They regulate external relations but do not touch what is within. This, however, is the difficulty: how do we understand nations and their relations from within? On an individual level, it is customary to speak of the inner as “subjectivity.” Such a term generally means the “subject” of experience, the unique and individual self that has experience. If we are to avoid the Cartesian conceptions of this self, we have to speak of such a subject as an embodied whole: an organic unity that is both conscious of its environment and distinguishes itself from the latter. Such an organic unity cannot be thought in terms of Descartes’s distinction between mind and body, the mind being nonextended and the body being extended. The body grasped simply as extended is inanimate. To use [End Page 41] the German term, it is a Körper, a material body among bodies. The corresponding term for the animate, living body is Leib. A living body is characterized both by its organic needs and its ability to satisfy these through its “I can” (i.e., its capability to act to fulfill such needs). Subjectivity, as embodied, has to be thought in terms of the latter.Such thoughts, however, only increase the difficulty of speaking of the subjectivity of nations. Nations are political concepts. To speak of them as organic unities seems to return us to a discredited analogy, where we say just as the body has a common boundary separating its inside from the outside, so a nation has its frontiers. Similarly, we assert that just as an organic unity embraces the mutually dependent functioning of its parts — e.g., its various organs and limbs — so the state consists of the interdependent functioning of its classes and professions. Paul employs this analogy in speaking of the body of Christ.1 It also appears in Plato’s division of the classes of the state. One can also see it at work in the division of castes in Hindu society. As such examples indicate, its focus on natural classes makes it an inappropriate analogy for the modern state, where citizenship rather than class is the dominant conception. What, then, would be an appropriate way to speak of the subjectivity of nations? In what follows, I am going to use Levinas’s conception of corporalité (Leiblichkeit in German) to answer these questions. My claim will be that it permits the extension of subjectivity to the national level. Such an extension, I will argue, is crucial for understanding the group of nations that we call Europe. It is what allows us to catch sight of Europe’s particular identity.Two Views of European IdentityThere is a certain paradox in attempting to speak of the identity of Europe. Given the spread of the scientific rationality that originated in Europe, it is often claimed that what distinguishes Europe is the universality of the rationality that defines it. Husserl, in the twentieth century, made this claim. Such universality, he writes, is “contained from the start in the idea of philosophy” that appeared in Greece.2 [End Page 42] Philosophy, for the Greeks, was a general term that included “all the special sciences” — mathematics, astronomy, and so on — that developed as part of it. All these make universal claims. What they assert is claimed to hold everywhere, without exception. As Husserl admits, “philosophy, together with all the special sciences, makes up only a partial manifestation of European culture.” But for Husserl, “this part is the functioning brain” of “European spiritual life.”3... (shrink)

Industrialization laid the foundation for contemporary civilization but also begot environmental problems, which have been building up and remained unsolved to this day. There is widespread belief that, if industrial manufacturing lies at the root of environment degradation through endless spewing of residual waste, trade among nations is to blame for scattering residual waste the world over. Yet paradoxically, it is the very international trade that might be the ground for major remedies thereto. The 20th century witnessed the shift from (...) free trade to fair trade; it is about time to shift from fair trade to clean trade. Nevertheless, such serious problems had barely been dealt with until the post-World War II period. An awareness-raising effort in this line was made by the European Union which, since the early 1970s, has been dealing with environmental and social issues, especially the ones deriving from international trade, in a decisive and responsible manner. Still, EU’s new policy in the field of environment protection has a downside in that it affects trade relations with partners from outside the Union, both developing and developed countries, thereby drawing fierce international reaction. The good part is that EU’s actions will most likely prompt other nations to follow suit. (shrink)

This chapter analyzes European social policy as a test case to comment on both the originality and the weakness of a unique supranational legal order, such as the one created in 1957 with the Treaty of Rome. Regulatory measures in social policy, related to equal treatment, nondiscrimination, and working conditions were implemented via hard law measures aiming at the harmonization of standards. The chapter also looks at the latest innovations in social policy brought about by the Lisbon Treaty. Article (...) 3 of the Treaty on European Union (TEU) mentions full employment among the objectives to be pursued in a social market economy. The economic and financial crisis has accentuated the problems of supranational coordination versus national initiatives and has given rise to exceptional austerity actions that have departed from the methods provided for in the treaty. (shrink)

This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other (...) hand. In addition, characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights - that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. (shrink)

Since 2001, the Commission of the European Union has instigated Peer Reviews to help countries preparing to accede to the European Union. Added to this has been the provision of workshops and individual expert inputs. This article recounts the experiences of the author in this process. It focuses on how a single directive has revealed major ethical challenges for nurses, their national associations and state governments as they seek to implement the changes required. In particular a sub-agenda (...) has emerged relating to general education, access to higher education and the position of women in these countries. The ethical challenges include freedom to practice and creation of competent authorities to provide proper oversight of the health care professions. In 2011, the directive is being reviewed and this article offers arguments for its continuation, even in an unreformed state. (shrink)

Fifty years ago, on 12 September, 1963, the association agreement between the European Economic Community (EEC) and Turkey was signed in Ankara. However, in contrast to many other countries who applied later on, Turkey has not yet become a member of the EU. Nevertheless, Turkey’s candidacy to join the EU is still one of the most considerable and controversial topics within the European political arena. Within the accession negotiations, apart from human rights and the Kurdish and the Cypriot (...) issues, one of the greatest challenges to Turkey’s successful candidacy is the issue of respect for and protection of minorities. It might indeed represent an unsolvable problem, which will ultimately block Turkey joining the EU. Neither the EU nor Turkey has really come to terms or dealt with what the EU sees as an “unsatisfactory” protection of minorities in Turkey. What lies at the root of this disagreement is what the term “minority” actually means. Due to Turkey’s own nation state concept as being a united and undivided country and to the terms of the Treaty of Lausanne signed in 1923, which defined Turkey as a nation, the country only recognises non-Muslim minorities. Moreover, contrary to the wording of the minority protection clauses in the Treaty of Lausanne, Turkey restricts its recognition of non-Muslim minorities only to the Greek, Armenian and Jewish religious populations. Although being a non-Muslim group as well, the Assyrians are excluded from the Turkish concept of minorities and, therefore, also from minority protection. In contrast to that, the EU’s concept of minority includes ethnic, linguistic and religious minorities, which means that according to the EU’s concept of minorities, also ethnic minorities like the Kurds, linguistic minorities like the Laz and religious minorities like the Alevis are included in the term “minority” and, therefore, these minorities should benefit from specific minority protection rights. To find a common basis for discussing the unsatisfactory issue of minority rights in Turkey, the concept of “ethnic groups” is introduced by the author as the most promising approach to deal with this unreconciled conceptual difference. According to this concept, ethnic groups could form a sub-identity of Turkishness and help build a legal basis to the treatment of minority groups founded on human rights, which would be compatible with both Turkish and EU Law. (shrink)

In the debate on the European Union’s problems, the concept of “democracy deficit” has been present from its very beginning. This term is applied in a quite vast manner and, apart from the asymmetry of the relation between the European Parliament and the Council, it also concerns the overly limited role of national parliaments in the European Union. In this regard, inadequacy in the national position of individual parliaments is observed. On the other hand, it (...) is necessary to emphasise their uneven activity on their European aspirations. At the time when the European dispute on the rule of law in Poland has polarized attitudes and language in statements on both sides – despite irresponsible trends – it is worth to examine the participation of national parliaments (including the Polish parliament) in the European inter-parliamentary dialogue and, consequently, to determine whether and how its constructive impact on the European Union and its law functions. (shrink)

This article looks at the mutual relations and links between globalisation and the integration of countries within the European Union. As the economic sphere is undergoing unrestrained globalisation, the position and sovereignty of nation-states is being weakened and politics is becoming harnessed to the economy. The relationship between the economy and politics is thus changing and there is a need to regulate the economy at a supranational level. The European Union has the potential to make positive use of (...) the trend towards globalisation and limit its negative impacts on the economic, social, ecological and cultural levels. This requires, however, deeper integration and further harmonisation of the countries of the European Union in the economic and political spheres. In order for the countries to come closer together, as the current situation requires, a European people (or demos) and a European public space must be created. (shrink)

The European Union (EU) is known as the strongest advocate of the liberal global order. It is invested in the idea of rule-based international order, which forms part of its core identity. This adherence to the principles of the liberal global order is visible in its support for multilateral institutions and norms; open market and liberal trade regimes; approaches to security; emphasis on human rights; and democratic norms and values. With the growing uncertainty in the global order, the EU's (...) commitment to the above stated norms has become much more crucial than before. The objective of the study is to understand the shifting dynamics of the liberal world order as it was established at the end of the Second World War and how the EU is responding to these changes. (shrink)

The present study aims to extend research on the role of values for the perceived legitimacy of legal authorities by focusing on (1) supranational legal authorities and (2) a broad range of values. We examine how (alignment between) people’s personal values and their perception of the values of the European Union (EU) are related to perceived legitimacy of the Court of Justice of the EU (CJEU) and the EU more broadly. Inspired by moral foundations theory, we distinguish between individualizing (...) (i.e., “democracy”, “liberty”, and “fairness”) and binding values (i.e., “rule of law”, “respect for national authority”, and “respect for tradition”). An online survey was conducted in six EU member states (N = 1,136). A factor analysis confirmed a two-factor model (individualizing vs. binding values) for both personal values and perceived EU values. Four regression models were run for each of the value factors, including personal values, perceived EU values, and their interaction, on each of the outcomes (i.e., perceived CJEU and EU legitimacy). Perceived endorsement by the EU of both individualizing and binding values predicted higher legitimacy perceptions of the CJEU and EU. Furthermore, personal binding values had a negative effect on perceived EU legitimacy when participants perceived the EU to weakly support binding values, but a positive effect when the EU was perceived to strongly support binding values. The results suggest that value alignment plays an important role in perceived legitimacy of the CJEU and EU, and that better representing binding values might be a strategy to improve perceived EU legitimacy. (shrink)

The processes of globalization, embraced with such eagerness in the 1990s, started being reviewed a decade later, having revealed a vicious underside. Behind the diverse masks of globalization hide murderous identities that promise different types of violence. During Brexit, the referendum in June 2016 that was to decide whether the United Kingdom left the European Union or stayed in it, Britain rejected what the EU represents—a common identity—to pursue a road on its own—a separate identity.1 Significantly, one of (...) the elements that analysts regarded as central to Brexit was immigration. According to a recent book by Nidesh Lawtoo, immigration is one of the main rhetorical tropes of the new political... (shrink)

ABSTRACTSocial constructionism, and Ernesto Laclau and Chantal Mouffe’s discourse theory in particular, are well-known for their anti-essentialist understanding of identity. Hence these discourses have theoretically been utilized for understanding social identity construction and for deconstructing identities. However, I claim that social constructionism and Laclau and Mouffe’s discourse theory may have the as yet non-theorized operation of detecting and combating wholesale indictments of identities. This operation helps us diagnose how ethnic identity and affect become incriminated as supposedly inextricably intertwined (...) with racism, chauvinism and related pathologies. Yet interestingly, instead of unveiling and critiquing the new hegemony of blanket indictment of ethnic identity/affect, social constructionism and Laclau and Mouffe’s discourse theory have been used to incriminate identity as such. The present article interprets Laclau and Mouffe’s discourse theory against the grain to chastise the tendency to declare ethnic identity/affect as the new enemy. It shows how such new, hegemonic incrimination aspires to fill the empty signifier of peaceful coexistence with otherness, yet runs the risk of effacing otherness. The article concludes with an example of a reconstructive alternative. (shrink)

The European Union’s increasing attention to social and cultural matters has been expressed through the notions of European citizenship and identity which are to be developed among children, adolescents and adults. Whether, and if so, how, children perceive a European identity to coexist with national identities is a challenging and relatively under‐studied question. This paper presents part of the findings of a study conducted in December 2000 which explored the ways in which 140 10‐year‐old Greek‐Cypriot (...) pupils constructed their national and European identities. Results indicated that, despite positive attitudes towards Europe, pupils attributed little significance to the European identity, whereas national identities were extremely important. The discourse developed revealed essentialist and a‐historical representations of national identity, and an instrumentalist approach to Europe. Social psychological insights from self‐categorization theory are employed to explore whether the two identities were construed as in the same or different typical levels of abstraction. These findings are discussed within the broader socio‐political context of Cyprus and European integration. (shrink)

The emergence of the European Union citizenship agenda has mainly taken place along the evolution of mobility rights, with the goal of creating a pan-European labor market. Mobility undermines the nationally embedded notion of industrial citizenship. Industrial citizenship protects workers’ rights and secures their participation in national political systems. The Europeanization of labor markets severs the relationship between state, territory and citizen on which industrial citizenship has been built, undermining worker collectivism and access to representation. This is (...) legitimated in terms of building market-citizenship, i.e., enabling mobile workers as market actors. However, the way mobility is regulated in the EU has the purpose and effect of weakening collective labor institutions, which also undermines workers’ ability to act as autonomous market actors. The same factors which undermine the industrial citizenship of mobile workers also prevent them from being effective free market agents: i.e., they can neither negotiate nor enforce individual contracts effectively in the face of systematic employer fraud and wage theft. The “Arendtian dilemma” of the “right to have rights” — a dilemma that derives from the claim that rights depend on the existence of a political community, which until now is the territorially exclusive nation-state, rather than universal personhood — emerges as industrial citizenship is internationalized. By disembeddeding workers from host-country industrial relations systems, EU regulation provides the social context in which workers’ rights become alienable. (shrink)

Although the relationship between stereotypes and acculturation preferences has been previously studied from the majority perspective among adults, the perspective of adolescents and minority groups is understudied. This research analyzed the contribution of four stereotype dimensions to the acculturation preferences of Spanish adolescents and adolescents of Moroccan-origin, the moderating role of stereotypes in intergroup acculturation discrepancies, and the interaction of stereotypes with acculturation perceptions on acculturation preferences. A sample of 488 Spanish adolescents and 360 adolescents of Moroccan-origin living in Spain, (...) from 12 to 19 years old, reported how moral, immoral, social, and competent they perceive each other to be. Spanish adolescents reported their perception about how Moroccan youth were acculturating in terms of maintaining their original culture and adopting the host culture, and their acculturation preferences in the same dimensions. Adolescents of Moroccan-origin reported to what extent they were maintaining their original culture and adopting the host culture, their acculturation preferences, and their ethnic and national identity. Results showed that adolescents of Moroccan-origin reported more positive perceptions of Spanish youth than conversely. The perceived immorality of the outgroup was important for understanding the preferences for adopting the host culture of both groups, but in the opposite direction. The four stereotype dimensions modulated the majority-minority discrepancies in preferences for cultural adoption. An analysis of the interaction between stereotypes and perceived adoption on acculturation preferences showed that when Spanish adolescents perceived that Moroccan youth were not adopting the Spanish culture, perceived morality and sociability played a role in their preferences for adoption. The less moral and sociable Moroccans were perceived, the more preference for cultural adoption. These findings support the importance of considering stereotypes in acculturation studies of majority and minority groups, as well as the relevance of including these perceptions in interventions aimed at improving intercultural relations. (shrink)

Europe is a melting pot of diverse cultures, civilizations and amalgamation of various ethnicities. It is a land which faced many catastrophes, high intensity conflicts and wars. Two world wars have been fought on this land. Almost all the major nations participated directly or indirectly at massive scale. Franco-German axis is a term to explain the relations of both the countries in the context of their mutual cooperation and their significant role in contemporary political affairs of Europe. Post war era (...) 1945, congenial atmosphere of synchronization between both the countries replaced three century old French- German hostility. This tandem performed active role not only in the politically integrated European nation but also they played a vital role in the formation of single currency euro as well. Comparatively their functioning is becoming slow but they are still necessary for future of Europe. It is a general impression that the FrancoGerman alliance is facing critical phase, or in other words they are no longer being capable to act as the twin motor of European integration but Euro pe do not have an appropriate replacement. As far as the future of Franco-German relationship or leadership is concerned it acted necessary of European Union’s twin motor in the past but in recent years national interest became more supreme than the interest of European Union as a whole. (shrink)

«Youth policy» as an independent term is defined in the scientific literature in the 1960s., which in many ways «was associated with the formation of youth as an independent social force and its self-determination in the socio-political space». By the 1970s XX century youth policy in the vast majority of developed countries is transforming an independent direction of national policy. Youth is a complex, multidimensional and rather controversial social phenomenon. Modern youth acts as the most active and mobile social (...) group, which requires special attention from state institutions in need of socialization and adaptation. At the same time, it is youth that is increasingly viewed today as the most important and promising part of society. It is no accident that already in the mid-60s of the XX century, in the practical activities of a number of international institutions, in particular the UN, a specialized area of cooperation began to develop, in the field of education and social support for the young generation. It should be noted that in the world there are more than 1 billion 800 million young people under the age of 25, which emphasizes the importance of effective youth policy by members of the international community. In the post-bipolar period, youth policy has become one of the priority areas of state policy of most developed countries. A striking example in this regard is the activities of the countries of the European Union (EU) and its structures. Europe is making significant efforts to create a single space in which not only common political institutions, but common values for all Europeans should be formed. And in this process, it is youth that acts as the key object on which measures are aimed at the formation of a pan-European identity. In recent years, the European Union has significantly stepped up youth policy. Its mechanisms were developed (open coordination method), special institutions were formed. It seems extremely relevant to analyze the EU’s activities in this direction, to consider concrete steps taken at the European level to consolidate measures in the field of youth policy. Despite the fact that integration processes in Europe continue, nevertheless, a number of problems have already been accumulated there today, the success of the entire European project will depend on the solution of these problems. In many ways, these problems are connected precisely with the young generation of Europeans, to whom the EU leadership has special hopes. As noted in a recent communiqué of the European Commission, “social and human capital of youth is one of the greatest European assets of the future». Among the studies affecting various aspects of working with young people, one can single out works of S.V. Aleshchenko, V.P. Baskov, Yu.R. Vyshnevskyi, Yu.V. Volkov, T.I. Zaslavskaia, I.M. Ylynskyi, E.Sh. Kamaldynova, A.I., Kovalova, O.A. Koriakovtseva, V.T. Lysovskyi, V.A. Lukov, O.A. Rozhnov, B.A. Ruchkin, S.K. Savin, V.I. Chuprov and several other authors. However, the young generation of Europeans faces serious challenges. The growth of unemployment, absenteeism, deprivation, the growth of radicalism, cultural indifference (including religious) – main youth problems that today require urgent solutions. Moreover, in different EU countries, these problems have varying degrees of severity. Continued heterogeneity continues to be a serious obstacle to pan-European unity. It is likely that youth policy may be another very painful issue for the future of the EU. Thus, it seems necessary to analyze the national and supranational levels of youth policy in the European Union in order to identify their degree of coherence, common goal-setting and specific implementation methods. (shrink)

A key dividing line in the literature on post-national citizenship concerns the role of collective identity. While some hold that a post-national form of identity is desirable in developing citizenship in contexts such as the European Union (EU), others question the defensibility of a collective identity at this supra-national level. The aim of this article is to intervene in this debate, drawing on qualitative research to consider the extent to which post-national citizenship should be accompanied (...) by a form of post-national identity. The article takes the UK as a case study, and explores tensions between the immigration policies and rhetoric of the Coalition Government since 2010 and the post-national citizenship rights of EU citizens migrating into British local communities. It draws on independently collected qualitative data from the county of Herefordshire, UK, to argue that the persistent reinforcement of national identity reproduces national lines of difference which further problematise the full realisation of European citizenship. At a theoretical level, this highlights the need for the development of post-national citizenship rights to be accompanied by a paradigmatic shift in the way that collective identity is constituted in post-national contexts. (shrink)

This article analyses the intersecting emotive expressions of nationalism, Euroscepticism, and Europeanness in Britain and Ireland during the European Union's 50th birthday festivities in March 2007. Such discursive manifestations in the Irish and British national press were occasioned by the display and public consumption of fifty-four national cakes at the Berlin Volkfest. The public, ritualistic, and convivial eating of national foods, represented a departure from the usual stale recipe of political summits, and was supposed to excite (...) feelings of identity with the European Union project. Yet the event occasioned press, politicians, and public to delve into backward looking nationalist projections, the result of which was a media event riddled by fragmentation and diverging readings, which have to be interpreted via the multifarious relationships between globalization, national dishes and national identity. (shrink)

In spite of their drastically different historical trajectories, the ongoing socio-political transition in the European Union (EU) and the Indian Republic (IR), two of the most complex polities in contemporary world, suggests that they aspire to combine political federalism and cultural pluralism. This is evident from their endorsing equality, identity and inclusivity as values; implementing political decentralization and facilitating differentiation between state, civil society and market. To meet the emerging challenges both the EU and the IR endorse the idea (...) of unity in diversity. The article suggests that two coping strategies, transforming cultural diversity (a fact) into cultural pluralism (a value) and decoupling the identities of citizenship and nationality are imperatives. (shrink)

Relying on the systematic, logical, and analytical methods, national legislation and some internationally accepted guidelines, as well as on the research conducted by the Lithuanian scientists and law practitioners, this article consistently and comprehensively deals with the problems arising in the areas of interpretation and application of tax law. The article examines the relevant tax concepts, studies the tax law system, deals with the relevant issues arising in the field of application of legal regulations on taxation, and provides a (...) particularly detailed analysis of court jurisprudence within the context of the relationship between tax and law. On the basis of the analysis conducted, it was established that the basis for the Lithuanian tax law system consists of the Constitution of the Republic of Lithuania; the Law on Tax Administration; tax laws that lay down specific taxes and of by-laws adopted on their basis; national legal regulations that contain a consideration attribute and set mandatory payments to the State budget; the Law on Customs; ratified international agreements; the European Union legal regulations to the extent they are related to the duties, import excise duty, and value added tax; and the European Union directives in respect of direct and indirect taxes and the extent to which they are related to tax administration. When relationships in public law are directly regulated by the relevant public law regulations, it is not private law regulations, but the corresponding public law regulations that must be applied. In order to determine the need for tax authorities to rely on the regulations of the Civil Code, it is necessary to state the necessity to assess legal relationships from the point of view of private law or to identify a gap in legal regulation of public law due to which the norms of the Civil Code are subsidiary. Prior to establishing the tax base, the tax authority does not have to rebut transactions in civil procedure. The taxpayer’s obligation to fulfil tax liabilities that are properly prescribed by tax laws is not called into question by unlawful acts of other persons which constitute grounds for their civil (non-contractual) liability for the damages caused. The factual circumstances of tax relations established in the court cases heard in criminal and/or administrative procedures, do not need to be proved again – they are relied on in the course of tax inspections or when hearing tax disputes. The principle of equality of taxpayers requires tax administrators to give equal treatment to the facts with respect to all participants regarding the same tax relationship and obliges taxpayers to pay taxes honestly, because non-payment of taxes is a breach of public interest and therefore of this principle. In accordance with the principle of general applicability and equality, each taxpayer has an obligation to pay taxes as prescribed in tax legislation observing the calculation and payment procedures stipulated in the tax legal regulations, whereas the amount payable as established by the tax administrator shall be regarded as well-founded to the extent that it does not exceed the criterion of equality and reasonableness. The principle of clarity of taxation requires the tax administrator to adopt clear and comprehensive decisions with respect to the taxpayer and therefore to ensure their rights and legitimate interests. In the calculation of tax by applying the principle of primacy of content over form, it is necessary to establish that a transaction, an economic deal or indeed any group thereof has been concluded for the purpose of obtaining tax benefits. (shrink)

Practically almost all the basic matters that make up the political and social agenda of this decade are related to two basic categories: citizenship and multiculturalism. The way in which the connection between these two basic pillars is managed constitutes the principal factor in the social, political and cultural transformation of our epoch. This work has two aims: on one hand, and in relation to the general subject of this monograph it is argued that the question of immigration is part (...) of a wider dynamic of discussions on the basic foundations of our modern era, resulting from the double process of State-building and Nation-building; on the other hand it underlines that the first victim of this process of contextual change is precisly the product of this double historical movement: the traditional notion of citizenship, which has difficulties in finding resources to administer the new phenomena tied to multiculturalism. In this framework, we propose the basic question: in what sense does multiculturalism pose problems to the tradition of citizenship? We start from the following situation: what happens when the traditional notion of citizenship is used in multicultural contexts? I structure my argumentation in five sections. In the first section, I set out the conceptual framework within which present-day arguments are situated, composed of three basic elements: the State, the Nation and Citizenship. In the second section, we enter into the discussion on the traditional concept of citizenship, focusing on its normative and empirical basis from a comparative perspective. In the third section, we are concerned with the concept of multiculturalism. In the fourth section I deal with what I have called the contexts of multiculturalism., that is, the different dimensions that call into question the indivisible (and sacred) character of the State, the Nation and Citizenship. We introduce, in succesion, the pluralism of cultural identities, the pluralism of national identities, immigration, the political construction of the European Union and, finally globalisation. In the fifth and last section we draw up a final balance giving a historical sense to our arguments. (shrink)

The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market. Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is (...) a substantive part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU. According to article 49 from TFEU, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union, which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU. (shrink)

BackgroundIn Italy, the COVID-19 pandemic has caused a collective trauma. Post-traumatic growth has been defined as the subjective experience of positive psychological changes as a result of a traumatic event. PTG can involve changes in five psychological main dimensions: relating to others, new possibilities, personal strength, spiritual change, and appreciation of life. In the context of national emergencies, those PTG dimensions encompassing changes at the social level can play a role in coping strategies that involve a renewed sense of (...) self and one’s social identities, including national identities, and in turn, foster a stronger sense of trust and connection to others.AimTo investigate how each of the five PTG dimensions mediates the association between the salience of national identity and interpersonal trust in a sample of Italian young adults. Trust in national and European institutions were expected to positively predict the strength of the Italian national identity which in turn was expected to be positively associated with interpersonal trust, and the PTG relating to others dimension to mediate this association.MethodThis study involves the secondary analysis of data from a representative sample of 2,000 Italian young adults. Participants completed a web survey during the peak of the COVID-19 crisis in Italy with measures of trust in EU and national institutions, national identity, interpersonal trust, and the PTG Inventory. Structural equation modeling procedures were employed for key hypotheses tests.ResultsTrust in national institutions positively predicted national identity, which in turn was positively associated with interpersonal trust. Evidence of a full mediation effect of the PTG relating to others dimension on the association between national identity and interpersonal trust was found.DiscussionFindings contribute to clarify the psychological responses to collective traumas. In the context of Italy’s COVID-19 crisis, trust in national institutions reinforced Italian national identity, which was in turn associated with greater interpersonal trust, but only when psychological responses to the trauma involved changes in how individuals perceived and related to others, and not merely a focus on the self. Theoretical and practical implications are discussed. (shrink)

The paper is an interpretation of J.-J.Rousseau’s book on the government of Poland. The central part of the paper is devoted to complex relations between the notions of nature, nation, childhood, and civic education. Methodologically, the analysis involves interpretation of historical contexts and positions significant in the writing of the book, and deconstruction of its key categories. In the latter respect, the idea of “strangeness” of Poland is the point of departure, and the role it plays in the construction of (...) national and European identity is the aim of analysis. (shrink)

This paper draws out what Derrida’s work—in particular as concerns law, democracy, and intergenerational justice in the context of the European heritage—can contribute to constitutionalism and the legal relation to future people, at the national level and the supranational one of the European Union. The first section outlines some of Derrida’s contributions to legal scholarship and European identity, and then, in the following two sections, argue for two main points. First, Derrida can help us understand the (...) much-discussed double bind of the constitutional relation to future people as merely an instance of a more general aporia. The double bind consists in the fact that the constitutional promise to safeguard future freedom also limits and binds future people. I will show how this aporia results from the temporal structure of the constitutional founding of law. Accordingly, the double bind cannot be resolved, either conceptually or in constitutional practice, but only be negotiated with greater awareness. Second, the same aporia of time entails that future generations are already implicated in the founding and re-founding of law here and now. Because the present moment is constitutively related to the past and the future, the meaning of a constitutional founding can become legible only from the future. Hence, the present generation, whose unity is never given, cannot but draw an advance credit on the future whose cooperation it anticipates. As a result, the political promise of Europe depends on its relation to its geographical, but also to its temporal others. (shrink)

This essay looks to the complex intercultural relations of China and Korea to highlight two important issues in political theory and international relations: the transnational nature of world politics and the limits of analytical binaries such as East‐West and tradition‐modernity. Discussions of international politics in East Asia characteristically address issues of security and development studies. More recently, Confucianism has been mobilized as part of the clash of civilizations of Asia with the West. This essay will consider how cultural boundaries (...) are negotiated within the region via an analysis of the workings of the transnational discourse of Confucianism in the construction of Korean identity. While many make truth claims about what ‘Confucianism’ means in Korea, this essay examines the discursive economies of ‘Confucian events’ in three overlapping social spaces: official, mass media, and academic. This essay will show the diversity of Confucianism within East Asia, and underline how rather than being a simple orthodoxy, the shape of Confucianism is an active political issue. While many try to define a core ‘Korean Confucianism’, I argue that we should use Confucianism as an analytical tool to understand something else, citing how some scholars are using Confucianism for the specific project of building democracy in Korea. (shrink)

Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity (...) can be conducive to the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered. (shrink)

Democratic institutions are under pressure as was also the case at the end of the sixties. But where in those days the critique was left-liberal and seeking to extend democracy, now the discomfort with democracy has concervative-populist overtones, related to the reaffirmation of exclusive, mostly national, identities. The populist critique of liberal achievements and institutions has raised questions of ethnicity and identity. The historical tension between national identiy and parliamentary democracy offers a broader frame against which the (...) emergence of nationalist and populist movements, like the Republikaner, Front National and the Vlaams Blok can be understood. These considerations lead to some important questions : is a parlementary democracy in the European Union possible? Does democracy need a specific cultural society? If so, European unification would break the historical link between parliamentery democracy and the nation, without realizing a democracy on a higher multi-national level. Those who want to defend the liberal democracy against the challenge of populist and nationalist political movements, will need to study more closely the cultural foundations of democracy. (shrink)

The beginning of the 21st century is the time of a new challenge for the Polish nation. Standing on the threshold of a new century, it has also stood on the ‘threshold’ of the united Europe. Culture is a binder thanks to which it is possible to discover and to maintain peoples’ identity and the bonds connecting individual members of the nation. The multitude of nations is a variety which makes Europe not a monolith in relation to culture; instead, it (...) constitutes a mosaic of different cultures and philosophies of life. The Church does not try to identify with any of the culture patterns, but it seeks its place among the diversity of their forms. However, one can talk about the development of a Christian culture model resulting from the faith and the presence of the evangelical message in the whole of the Christians’ life. In the survey concerning Poland’s accession to the European Union, Polish people have expressed their hopes and fears connected with the process of integration. As many as 11% of the people surveyed expressed their anxiety related to the adverse effect upon culture and customs. The Church in its social instruction continuously emphasizes the necessity of maintaining one’s own cultural identity by particular ethnic, national and regional groups. The united Europe is to become not exactly a federation of countries, but rather the home of homes. In the everyday life of the new united Europe the system of norms, values and patterns of religious and cultural behaviour are going to be verified. Both the sceptics and the enthusiasts of the integration process are looking for a place and a role for the Polish Christians in the secularized European society. (shrink)

In the global economy, linguistic diversity influences economic and political development as well as public policies in positive and negative ways. It leads to financial costs, communication barriers, divisions in national unity, and, in some extreme cases, conflicts and war--but it also produces benefits related to group and individual identity. What are the specific advantages and disadvantages of linguistic diversity and how does it influence social and economic progress? This book examines linguistic diversity as a global social phenomenon and (...) considers what degree of linguistic variety might result in the greatest economic good.Victor Ginsburgh and Shlomo Weber look at linguistic proximity between groups and between languages. They describe and use simple economic, linguistic, and statistical tools to measure diversity's impact on growth, development, trade, the quality of institutions, translation issues, voting patterns in multinational competitions, and the likelihood and intensity of civil conflicts. They address the choosing of core languages in a multilingual community, such as the European Union, and argue that although too many official languages might harm cohesiveness, efficiency, and communication, reducing their number brings about alienation and disenfranchisement of groups.Demonstrating that the value and drawbacks of linguistic diversity are universal, How Many Languages Do We Need? suggests ways for designing appropriate linguistic policies for today's multilingual world. (shrink)

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process (...) of mutual constitution. This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty, which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar. (shrink)