Bundesstaatliche Identitäten und ihre Achtung im Unionsrecht

The concept of national identity and its implications for EU law have been at the center of debates on the relationship between EU Law and domestic law. But how does the concept of national identity relate to federalism? How are potential conflicts between EU law and a Member States’ federal organisation resolved? The work addresses these questions with a view to Germany, Austria and Belgium. Building on a thorough analysis of Art. 4 para. 2 TEU, the three legal systems are examined on the basis of a uniform analytical grid in order to identify their respective federal national identities. These are then contrasted with Union law in order to identify potential conflicts, in areas such as fundamental rights and freedoms and state aid law.