The concept of a European identity is often viewed as a subjective one because identity means different things to different groups. Identity could be defined in terms of territorial area, a common history, common beliefs or even common experience ^[1]. Sweeney points out that European identity does not mean that the Italians are less Italian or suddenly British but it means more than that^[2]. Also identity does not mean ‘the same’ but it relates to ‘self’ meaning that the individual has to be taken into account^[3].

Also, European identity is a very dynamic concept, that is difficult to define because it ever evolving and is not as fixed as national identity. One definition states saying European identity, implies communicating our historical and life referents and establishing a dialogue permitting the collective construction of this notion whilst encouraging alterity and coexistence^[4].

From this definition, we see that European identity encapsulates many factors like the common historical experience that Europe shares in the form of the endless periods of war, common religious beliefs and many more^[5].

The idea of having a European identity is encouraged by some who claim that being European is all about the respect of others and diversity, hence this identity would not threaten state identity^[6]. Whereas others argue that it would somewhat endanger the nation-state because it is assumed that higher feelings of national identity decrease support for the European Union and vice versa^[7].There has been a lot of debate and refusal against a having a common identity as many fear that it would destroy national culture, beliefs, language and tradition. For example, Christianity is often identified as European and although there are states within the Union that have other religions, the most recognised religion is Christianity^[8]. An example of this can be seen in debates on Turkey’s accession into the Union^[9].

The views against a European identity can also be evidenced in the refusal of the constitutional Treaty. This is because if the Union where to possess a constitution character, it would resemble a state. Also, research has proven that identifying with a state as opposed to the Union gives individuals a sense of belonging and security.  One of the reasons why many are opposed to a ‘European identity’ is because legally speaking the European Union changes the laws of member states and creates a new legal order, as was stated by the European court of Justice in Van Gend en Loos case^[10].

There are arguments in favour of this new legal order because it further protects citizens of member states even against their national governments and provides them with individual remedies^[11]. The arguments against this legal order fear that the Union erodes the sovereignty of the state . This is because the sovereignty of the state means that there is no authority above the state but the Union is somewhat above the state. This can be evidenced in cases like Factortame^[12] and Flaminio Costa v ENEL^[13], where the ECJ states the European Union law is superior to national law. This means that the legal identity of the state is changed as soon as the state joins the Union. For example the underpinning constitutional character of the United Kingdom used to be parliamentary sovereignty. This concept means that no act of parliament can be declared void, it cannot be questioned in any court and that no act is entrenched but since the accession into the Union some commentators claim that parliamentary sovereignty may no longer be in existence^[14].

The issue of identity arises especially when another state is about to join the Union; this is because membership of the Union creates change within a state. For example with Turkey’s possible accession into the Union there has been a lot of debate as to how this would change the identity of the Turkey^[15].

Although all these issues stated above are issues for some, others state that there is no cause for alarm because they believe that European and national identity can coexist side by side without problems emerging^[16].This is possible because the Union identity is restricted and defined politically. Whereas, member states do not suffer from the same restrictions and defined by other factors as well as politically^[17].

In concluding, it is necessary to note that there is this continuous identity debate especially when there is the impending possibility of further expansion to the Union, but it is worth mentioning that the Union gives member state citizens claims and rights above their nation state. The nation state gives them security, attachments and a sense of belonging that the Union is yet to equal.