EU Constitutional Law: An Introduction

Abstract

1 What Constitution? A Rose by Any Other Name 2 An Elephant That Cannot Be Defined? What the EU Is, and Is Not A. Introduction B. Historical Development C. The Union Today D. State-like Features E. Non-state-like Features 3 Marking the Territory: Principles Governing Union Competences A. Introduction B. Basic Treaty Provisions on Competence C. Articles 114 and 352 TFEU D. The Principle of Subsidiarity 4 Who Is the Boss? In Search of a Master of the Treaties A. Introduction B. Procedures for Amending the Treaties C. Creeping Competences? D. The Ties that Bind 5 Looking Past the Trees to See the Wood: Construing a Hierarchy of Norms A. Introduction B. Foundations of the Union Legal Order C. Primary Law D. International Law E. Secondary Law and other Acts of the Institutions 6 Into the Estuaries and up the Rivers: Union Law in the National Legal Orders of the Member States A. Introduction B. Primacy C. Conformity through Interpretation D. Direct Applicability and Direct Effect 7 A Lot More than Brussels Bureaucrats: The Institutional Framework A. Introduction B. The Union's Institutions C. Union Regulatory and Administrative Bodies D. Institutions and Bodies of the Member States 8 A Suprematist Composition? Differentiation and Flexibility A. Introduction B. Differentiation in Primary Law C. Enhanced Cooperation 9 What Deficit? The EU System of Democracy A. Introduction B. General Considerations C. The Political Institutions D. Participatory, Deliberative and Substantive Democracy 10 Civis Europeus Sum: The Evolving Concept of Union Citizenship A. Introduction B. Pie in the Sky? C. Who is a Union Citizen? D. The Right to Move and Reside E. From Movement to Citizenship and Beyond 11 Taking Rights More Seriously? The EU System of Fundamental Rights A. Introduction B. Field of Application C. Sources and Material Scope D. Non-discrimination E. Direct Effect 12 Broadening Horizons? The Area of Freedom, Security and Justice A. Introduction B. Border Checks, Asylum and Immigration C. Judicial Cooperation in Civil Matters D. Judicial Cooperation in Criminal Matters E. Police Cooperation 13 The Internal Market: Liberal, Social, Green or Chameleon? A. Introduction B. The Economic Free Movement Rights C. The Social Dimension D. Environment 14 Building a House by Starting with the Roof? Economic and Monetary Policy A. Introduction B. Monetary Policy C. Economic and Fiscal Surveillance D. The Stability Mechanisms E. Built to Last? 15 An Elephant Trumpeting Loud and Clear or a Gaggle of Geese? EU External Relations A. Introduction B. Institutional Framework for External Action C. Union Competences and their Use D. The Union and the Member States E. Security and Defence 16 Covenants of No Strength to Secure A Man At All? Issues of Enforcement and Control A. Introduction B. Control of Union Institutions and Bodies C. The Role of Member States' Courts and Authorities 17 The Elephant in the Room? Concluding Remarks

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