(National Identity from Perspective of European Law)

The European Union respects national identities of the member states including constitutional identity. In this respect, the structural preferences of constitutional law are protected. Whether or not the constitutional regulation is a subject of national identity is determined according to the Union Law. The European Court of Justice takes decisions of national high courts into consideration while interpreting concepts in this context. The concept of identity in the European law does not always coincide with the concept of identity in national law. For example, while the Federal German Constitutional Court considers an absolute national identity protection, the European Court of Justice acts on a proportional basis. However, at the level of the Union, there is also a core area in which constitutional identity, including nationally shaped principles such as freedom, democracy, equality, the rule of law, respect for human rights, and solidarity, is absolutely protected