National and Constitutional Identities: Perspectives from the CEE Region
When ‘national identity‘ entered the stage of EU law, many scholars hoped it would replace the disputed notion of sovereignty and deflate the ongoing struggles between the EU and its Member States. Yet, identity has brought its new problems and controversies, including a new tension between the Court of Justice and national constitutional courts as to who is competent to define a country‘s identity, national or constitutional. In this panel, we will examine identity from not only from the perspective of the EU‘s own court, but also from a national and comparative perspective. Furthermore, the panelists will explore four specific areas where identity has recently played a role: relocation of migrants, free movement of same-sex spouses, effectiveness of national criminal law, and the European Arrest Warrant. The aim of the panel is to use specific examples as a starting point for more abstract conclusions on the changing nature of statehood and identity in the EU integration.