EUROPEAN UNION AND EUROPEAN IDENTITY. THEORETICAL APPROACHES IN JURIDICAL LOGIC

Abstract

In today's discourse, the concept of identity is profoundly contested, traversing socio-political movements like Black Lives Matter to intricate international law scenarios, such as Ukraine's identity contested by the Russian Federation. Central to these discussions is Europe, particularly post the 2016 Brexit referendum, which initiated a deep reflection on Europe's and the European Union's (EU) core identities. The myriad, spontaneous debates coalesce into a formidable challenge regarding European identity. A generic approach to this identity conundrum is to reference the values articulated in Article 2 of the Treaty on EU. However, this comes with complications. First, the current identity debate emerged precisely within the ambit of Article 2. Secondly, referencing David Hume's philosophical distinction, it is crucial to differentiate between the normative aspirations in European law ("what ought to be") and the prevailing reality ("what is"). Given the increasing discussions on identity, it is essential to bypass simplistic explanations and delve deeper. The pivotal questions surrounding Europe, its inherent identity, and the very essence of the EU might require an alternative analytical lens. This article intends to embark on a journey reflecting on European identity with a nuanced perspective from juridical logic, aiming to move beyond commonplace interpretations.