Review of Kriszta Kovács (ed), The Jurisprudence of Particularism: National Identity Claims in Central Europe (Bloomsbury Publishing 2023), ISBN: 9781509960125

Abstract

In her latest edited collection, Kriszta Kovács shines a light on a striking paradox – namely, how V4 countries (Poland, Hungary, Chechia, and Slovakia), which were committed to embracing democratic values following the end of communism, have recently been using the notion of ‘national identity’ enshrined in Article 4(2) TEU to challenge EU’s very values. The book helpfully reminds the reader that the concept of ‘national identity’ appeared in EU law following the Lisbon Treaty. However, the principle was quickly weaponised by V4 governments and courts, especially in the aftermath of the infamous 2009 Lisbon judgement by the German Federal Constitutional Court – the book refers to the peculiar ways of interpreting the principles of ‘constitutional identity’ and ‘national identity’ in this context as ‘the jurisprudence of particularism’. More specifically, in light of this practice, the book seeks to evaluate if ‘constitutional identity’ and ‘national identity’ are intrinsically flawed as concepts or merely ‘applied in problematic ways’ in V4 jurisdictions. Based on the rich analysis in the contributions in this volume, spanning doctrine and case law, one is inclined to conclude the latter.

Keywords: National identity claims, constitutional identity, EU values, rule of law, Central Europe