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National language: an element of the national identity of a member state to be respected in accordance with the second paragraph of article 4 of the treaty on European Union Cover

National language: an element of the national identity of a member state to be respected in accordance with the second paragraph of article 4 of the treaty on European Union

By: Irēna Kucina and  Baiba Bakmane  
Open Access
|Jun 2025

Abstract

One of the values characterising the constitutional identity of a State and, more broadly, the national identity, is the official language. The purpose of the article is to determine whether and how it is possible to ensure the protection of the national language by reinforcing the common values of the Member States. The article analyses the legal doctrine, as well as the case law of the Court of Justice of the European Union and the Constitutional Court, and concludes that it is the Member States, their constitutional courts, that ensure that the elements of national identity specific to each State are respected and protected. At the same time, while respecting the common values of the Member States, as well as the competence of national courts and the Court of Justice of the European Union, a dialogue based on the principle of sincere cooperation and mutual respect also plays a role in this respect.

Language: English
Page range: 69 - 75
Published on: Jun 14, 2025
Published by: Riga Stradins University
In partnership with: Paradigm Publishing Services
Publication frequency: 3 issues per year

© 2025 Irēna Kucina, Baiba Bakmane, published by Riga Stradins University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.