This chapter addresses the question of whether the EU has a constitution. It explores the formal constitutionalist credentials of the Union legal order and shows that the Union has claimed that the EU Treaties constitute the highest law in Europe. It then examines the constitutional nature of the Union from a ‘democratic’ perspective. Finally, it evaluates the Union legal order through the lens of liberal constitutionalism. This ‘classic’ constitutionalism assesses the legal nature of a document by insisting on a separation of powers and the existence of fundamental rights.
Chapter
Steve Peers and Darren Harvey
The UK left the EU on 31 January 2020, following the results of the Brexit referendum of June 2016. How does the process for leaving the EU work, and what legal issues does it raise?
Book
Robert Schütze
European Constitutional Law uses a distinctive two-part structure to examine the legal foundations and powers of the European Union. The text takes a critical approach to ensure awareness of the intricacies of European constitutional law. Part I looks at the constitutional foundations including a constitutional history. This part also looks at the governmental structure of the European constitution. Part II moves on to governmental powers. It looks at legislative, external, executive, and judicial powers. It ends with a study of limiting powers and EU fundamental rights.
Chapter
Robert Schütze
This chapter addresses the question of whether the EU has a constitution. This question has plagued EU law ever since its birth. The chapter explores the formal constitutionalist credentials of the Union legal order and shows that the Union has claimed that the EU Treaties constitute the highest law in Europe. It then examines the constitutional nature of the Union from a ‘democratic’ perspective. Finally, it evaluates the Union legal order through the lens of liberal constitutionalism. This ‘classic’ constitutionalism assesses the legal nature of a document by insisting on a separation of powers and the existence of fundamental rights.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
1. Constitutional History
From Paris to Lisbon
This introductory chapter assesses whether there is a European constitution. When examined in the light of the broader historical tradition, the European Union has a constitution. And this view firmly corresponds to the self-understanding of the European legal order. The ‘real’ problem of the European Union is not whether there is a European constitution, but rather that there is ‘too much constitutional law’; the European Treaties alone contain 413 articles. Length is unfortunately not the only problem of the European constitution, for unlike more mature legal orders, the European constitutional order still struggles with its ‘vocabulary’. The semantic confusions are partly the result of the constant legal revolutions within the European Union. This book then aims to reflect the judicial and legislative practice of the Union as at October 31, 2020. It provides a guide through the most important theories and realities of the European Union law.
Chapter
Steve Peers and Darren Harvey
The UK left the EU on 31 January 2020, following the results of the Brexit referendum of June 2016. This chapter examines how the process for leaving the EU works and considers some of the key legal issues raised by the withdrawal of a Member State from the Union. Having first considered withdrawal from the EU prior to the entry into force of the Treaty of Lisbon, the chapter turns to Article 50 of the Treaty on European Union and the legal requirements imposed by that provision on the process of leaving the EU. This is followed by an examination of the UK–EU Withdrawal Agreement and the rules that govern the UK’s post-Brexit trading relationship with the EU.
