Between Values and Identity: From Consensus to Conflict?

This paper examines the tension between the national identity of the EU Member States and the values of the Union under Article 2 TEU. It explores whether national identity is invoked to justify actions that may contravene EU law and undermine EU values. The article relies on a combined qualitative and quantitative methodology, analysing post-Lisbon case law in which Member States invoked national identity in contexts potentially conflicting with EU values. The study outlines the legal framework of both national and European identity and their interrelationship within the EU constitutional order. It then maps relevant cases, identifying patterns in judicial reasoning, the involvement of specific Member States, and the values most frequently affected. The article argues that there is a growing tension within the EU legal order between respect for national identity and the protection of common values under Article 2 TEU.