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

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