This chapter explores the evolution of EU Law’s approach to balancing Community primacy with the protection of national identities and fundamental rights. It discusses the gradual shift from an absolutist conception of primacy towards a system of critical balancing, allowing for exceptions when higher national standards exist, particularly in environmental or consumer protection. Key judgements such as Wachauf, Solange II and Bosphorus are highlighted, illustrating the emergence of ‘equivalent protection’ and the relational interplay between national and EU legal orders. The chapter also examines the Maastricht Treaty’s provisions on constitutional identity, including the Grogan Protocol, reflecting ongoing pluralism and the dynamic redefinition of national identity within the EU’s legal and political framework.