chapter  7
80 Pages

Against assimilation

The right to multiple identities
WithJoseph Marko, Sergiu Constantin, Günther Rautz, Andrea Carlà, Verena Wisthaler

In line with the interdisciplinary approach of this book and the overall structure of Chapters 6 through 9, we again begin with a problem-oriented introduction. This is followed by a critical analysis of the developments in legal standard setting and implementation, in particular adjudication at the national and supranational levels, and, finally, conclusions are drawn and learning outcomes summarised. The central focus of this chapter is on the obstacles to multiple identity formation following from the empirical and legal structural problems created by the nation-cum-state paradigm and its underlying ‘fateful triangle’ of race, ethnicity and nation (Hall 2017) haunting politics, legal standard setting and case law of courts to this day, as can be seen from our analysis of the Opinion delivered by AG Juliane Kokott for the European Court of Justice (ECJ) case Achbita v. G4S Secure Solutions (2017) (see Chapter 4, section 4.1).