Whereas functions of the identity clause are rather agreed on, the question of its meaning and content is more contested. For some theorists like Bruno De Witte, article 4(2) TEU should only refer to narrowly understood institutional diversity, limiting the EU duty to respect to areas such as: regional/local self-government, organization of the judiciary, the choice between parliamentary or semi-presidential system, proportional or majoritarian electoral system etc. On the other end of the spectrum, there are notions of national identity clause that encompass a broad range of extra-legal factors. Some of the latter go as far as referring to Carl Schmitt's distinction between substantive constitution and constitutional acts, seeking to draw constitutional identity from the former.
