Words Travel Worlds: Language in the EU Internal Market, Linguistic Diversity and the National Identity of the Member States

Abstract

The case law overview of the decisions of Court of Justice of the European Union underlines the role language and national constitutional identity play in the free movement rights of persons. While the Treaties adhere to respect for cultural and linguistic diversity (Art. 165(1) TFEU), at the same time protection of the own language may cause restrictions on free movement rights and on the idea, which stands behind the internal Market and EU citizenship rights. The author will map how these rights interact and interplay on the border of the EU and the national competences and interests. The contribution will focus on the role that language has with regard to the free movement of persons, whether economically active or not. What role does language play in the European free movement and how should cultural diversity and national constitutional identity be balanced with language barriers is the key question of the analysis.