National identity, Court of Justice of the Europan Union and constitutional jurisdictions

National identity, referred to in Article 4(2) TEU, has been interpreted in different ways by the Court of Justice of the European Union and by different constitutional jurisdictions in some member States. This paper examines the evolution of the regulation of constitutional identity in the Union's treaties and in the case law of the Court of Luxembourg and certain constitutional courts, and proposes, in the light of the analysis carried out, some hypotheses as to which bodies should be responsible for invoking national identity, in which cases and with what effects.