Reclaiming Sovereignty and Evading Primacy Through Article 4(2) TEU: Potential for Member States to Develop a National Identity?

Mary Dobbs 

Queen's University Belfast - School of Law
June 6, 2013

Abstract:      
Debate persists within the European Union (EU) regarding the balance of power between the EU and its Member States, reflected in intertwined issues such as sovereignty, Kompetenz-Kompetenz, direct effect, and primacy. A significant tool for Member States is Article 4(2) TEU, which requires that the EU respect the national identities of the Member States. The Lisbon Treaty developed the status and content of Article 4(2) TEU, with the result that this provision may enable Member States to reassert an element of sovereignty and to evade the absolute control of the principle of primacy. Although seemingly limited in application due to the wording of the provision, there is significant potential for Member States to develop their national identities further and, thereby, to exploit Article 4(2) TEU, as exemplified by the French Charte de l’Environnement. This potential raises significant challenges for the EU, which it will need to address if it wishes to ensure harmonization and uniformity in the relevant areas.

Number of Pages in PDF File: 24

Keywords: national identities, primacy, supremacy, European Union, sovereignty, EU law, Lisbon Treaty, environmental law, Charte de l'Environnement

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2275460