Publication details
Ethnic Homogeneity as a Part of National Identity? The CJEU’s Response to National Identity Claim concerning Relocation Mechanism
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| Year of publication | 2021 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | The paper explored the legal dispute concerning temporary relocation mechanism. It analysed a novel transformation of sovereignty-related arguments of Member States in ECJ's judgment Slovakia and Hungary v Council (C-643/15 a C-647/15) into a claim based on Article 4(2) TEU in ECJ's judgment Commission v Poland, Hungary and Czech Republic (C-715/17, C-718/17 and C-719/17). Despite ethno/cultural identitarian rhetoric used in the public discourse, the legal argument was surprisingly based on essential state functions. The paper argued that national identity clause and essential state functions clause, according to Article 4(2) TEU, share many similarities as to their aim and the way how they are treated by the ECJ. Additionally, both clauses are open-ended and could be filled with various content, leading to the conclusion that both should be limited by Article 2 TEU. |
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