The aim of this article is to analyse how in the globalisation process small nations appear in danger of disappearing. Can law protect national identity when the state is in the European Union?
Globalisation together with the economic interests of states touches other spheres of society: national internal policy, education, mass media, the policy of family, migration. The birth rate in families in such big nations as Germany, France, and Italy is small. If numerous Italians, French, Polish, and Russians are worried about the constantly decreasing number of their inhabitants, no doubt that small nations are in danger of assimilation.
The European Union is an unprecedented formation of law: states retain their independence and at the same time people by their free will limit the sovereignty of a state. The 57th Article of the EU Constitution clearly states that ―the Law of the Union is higher than the national [law].‖ It is as if the European States are united in the form of a federation, though the concept of a federation state cannot be applied strictly. The first condition for each new candidate state is to be a democratic and law-based state. The law-based state means legal elections, authorities elected by the people, separation of three state functions (legislative, executive and judicial), respect for human rights, protection of the rights of national and religious minorities. Good relations with neighbours are always appreciated. The new EU constitution contains 400 pages. The Constitutional Agreement or EU Constitution was approved by the Council of the European Union in June of 2004. Each state ratifies the Agreement. Some EU countries plan the referendums. The Parliament of Lithuania refused the referendum. It was planned that the Agreement will come into force in 2009. The Constitution of the EU requires that the National Governments of Member States will not interfere in implementing the aims of the Union. The 58th Article deals with loyalty to the Union. The institutions established by the EU work with human points of view and have a society model which is supported by the majority of the citizens. In this article an attempt will also be made to evaluate the role of Christianity and its values for the legal system of the EU as well as for preserving national identity