Sovereignty, Article 4(2) TEU and the Respect of National Identities: Swinging the Balance of Power in Favour of the Member States?

The question of whether and to what extent sovereignty has been transferred to the European Union (EU) from its Member States remains a central debate within the EU and is interlinked with issues such as Kompetenz-Kompetenz, direct effect and primacy. Central to any claim to sovereignty is the principle of primacy, which requires that Member States uphold EU law over national law where there is a conflict. However, limitations to primacy can traditionally be found in national jurisprudence and the Maastricht Treaty introduced a possible EU limitation with the requirement that the EU respect national identities of Member States. The Lisbon Treaty provided only minimal further support to the principle of primacy whilst simultaneously developing the provision on national identities, now found within Article 4(2) TEU. There are indications from the literature, national constitutional courts and the Court of Justice of the EU that the provision is gathering strength as a legal tool and is likely to have a wider scope than the text might indicate. In its new role, Article 4(2) TEU bolsters the Member States’ claim to sovereignty and the possibility to uphold aspects crucial to them in conflict with EU law and the principle of primacy. Consequently, it is central to the relationship between the constitutional courts of the Member States and the CJEU, and where the final elements of control remain in ‘hard cases’. However, it does so as part of EU law, thereby facilitating the evasion of direct fundamental conflicts and reflecting the concept of constitutional pluralism.

The politicization of indigenous identities in Peru

Until now, scholars have argued that, unlike other Latin American countries with sizable indigenous populations, indigenous politics are largely unimportant in Peru because indigenous-based parties or national-level movements are absent. Rather than focusing solely on the emergence of indigenous parties or movements, which ignores the larger consequence of individuals' indigenous identifications for electoral politics, we argue that it is more important to examine the emergence of indigenous political divisions and their effects on indigenous representation. Using data from the World Values Survey across the presidential elections of 1995, 2001, and 2006, we show that, as indigenous identity has become more carefully defined, indigenous voting divisions have emerged in Peru, and concomitantly, parties have begun to recognize and respond to these divisions.

Belfast Soundwalks: Experiences in Sound and Place through Locative Media

This article outlines the ongoing development of a locative smartphone app for iPhone and Android phones entitled The Belfast Soundwalks Project. Drawing upon a method known as soundwalking, the aim of this app is to engage the public in sonic art through the creation of up to ten soundwalks within the city of Belfast. This paper discusses the use of GPS enabled mobile devices in the creation of soundwalks in other cities. The authors identify various strategies for articulating an experience of listening in place as mediated by mobile technologies. The project aims to provide a platform for multiple artists to develop site-specific sound works which highlight the relationship between sound, place and community. The development of the app and the app interface are discussed, as are the methods employed to test and evaluate the project.