{"title":"Official Languages, National Identities and the Protection of Minorities: A Complex Legal Puzzle","authors":"Giacomo Di Federico, Giuseppe Martinico","doi":"10.1017/S157401962300010X","DOIUrl":null,"url":null,"abstract":"What is the scope of application of Article 4(2) TEU? What is the relationship between the duty to respect national identity and the obligation to respect linguistic diversity, including speaking minorities within the Member States? In this case note, we will analyse the Boriss Cilevičs case, in which the Court of Justice gave a response to these questions that is in many ways both unclear and problematic. There are three aspects that, in our opinion, make this Court of Justice judgment particularly interesting. First, it is a ruling that shows the progressive involvement of national constitutional courts in the mechanism of the preliminary ruling procedure governed by Article 267 TFEU. The second reason that makes the case interesting concerns the use of Article 4(2) TEU on the duty to respect national identity.1","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":null,"pages":null},"PeriodicalIF":1.6000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Constitutional Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/S157401962300010X","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
What is the scope of application of Article 4(2) TEU? What is the relationship between the duty to respect national identity and the obligation to respect linguistic diversity, including speaking minorities within the Member States? In this case note, we will analyse the Boriss Cilevičs case, in which the Court of Justice gave a response to these questions that is in many ways both unclear and problematic. There are three aspects that, in our opinion, make this Court of Justice judgment particularly interesting. First, it is a ruling that shows the progressive involvement of national constitutional courts in the mechanism of the preliminary ruling procedure governed by Article 267 TFEU. The second reason that makes the case interesting concerns the use of Article 4(2) TEU on the duty to respect national identity.1
期刊介绍：
The European Constitutional Law Review (EuConst), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and evolution. Its scope is European law and constitutional law, history and theory, comparative law and jurisprudence. Published triannually, it contains articles on doctrine, scholarship and history, plus jurisprudence and book reviews. However, the premier issue includes more than twenty short articles by leading experts, each addressing a single topic in the Draft Constitutional Treaty for Europe. EuConst is addressed at academics, professionals, politicians and others involved or interested in the European constitutional process.
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