EU Constitutional Law

Citation

Lenaerts, K., & Van Nuffel, P. (2022). EU Constitutional Law (Oxford European Union Law Library). Oxford University Press.

Chapter Summary

A treatise of about 1,000 pages in 30 chapters and six parts. The publisher describes it as a comprehensive textbook of EU constitutional law that sets out the structure, values, procedures and policies of the Union and serves as a first point of reference. The six parts move from how the Union is constituted, through its competences, institutions and decision-making, to its legal instruments and the system of judicial protection.

Part I: Constituting the European Union (Chapters 1–4)

The development from European Communities to European Union; the Treaty of Lisbon and the current Treaties; amendment of the Treaties; and accession to and withdrawal from the Union.

Part II: Competences of the European Union (Chapters 5–11)

Chapter 5 covers values, objectives and principles governing Union competences. The remaining chapters take the main areas of Union action: citizenship of the Union (Chapter 6), the internal market (Chapter 7), the area of freedom, security and justice (Chapter 8), other areas of Union policy (Chapter 9) and external action (Chapter 10). Chapter 11 deals with limitations and exceptions to the application of the Treaties. The publisher notes that this part analyses the principles governing the exercise of competences and the balance of power between the Union and its Member States, and then citizenship and the four freedoms, followed by an overview of the main internal and external policy domains.

Part III: Institutional Actors of the European Union (Chapters 12–16)

The political institutions of the Union; other institutions and bodies; the Union as an international organisation; the Member States of the Union; and the relationship between the institutional actors. The publisher's description lists the European Council, Council, European Parliament, Commission, Court of Justice and European Central Bank among the institutions covered.

Part IV: Decision-Making in the European Union (Chapters 17–22)

The legislative procedures; implementation of Union legislation; CFSP decision-making; the budgetary procedures; the procedure for concluding international agreements; and decision-making restricted to particular Member States.

Part V: Legal Instruments of the European Union (Chapters 23–28)

Union law and its effects in the national legal orders (Chapter 23); the Treaties as primary Union law; fundamental rights and general principles of Union law; international law; acts adopted by the institutions and bodies of the Union; and other sources of Union law. The publisher says this part pays attention to the key principles of primacy and direct effect and to the Charter of Fundamental Rights.

Part VI: Judicial Protection in the European Union (Chapters 29–30)

Two chapters: judicial protection vis-à-vis Member States and private parties, and judicial protection vis-à-vis the institutions and bodies of the Union. The publisher describes this part as setting out a complete and coherent system of judicial protection, covering the actions available before the EU courts and in national legal orders.

Key Concepts

Parts I–II: Constitution and competences

• Treaty amendment, accession and withdrawal: how the constitutional framework changes and how membership begins and ends.
• Values, objectives and principles governing competences: the rules by which the Union may act at all.
• Citizenship and the internal market: the status and the economic freedoms placed within the competence analysis.
• Limitations and exceptions: grounds on which the application of the Treaties may be restricted.

Parts III–IV: Institutions and decision-making

• Institutional actors and their relationship: the political institutions, other bodies and the Member States.
• Legislative and budgetary procedures: how Union acts and the Union budget are adopted.
• CFSP decision-making and concluding international agreements: external procedures treated separately.

Parts V–VI: Instruments and judicial protection

• Primary and secondary law: the Treaties and the acts adopted by the institutions.
• Effect in national legal orders: the principles of direct effect and primacy.
• Fundamental rights and general principles: including the role of the Charter.
• Judicial protection: actions against Member States, private parties and the Union institutions.

Critical Analysis

Strengths

• A constitutional structure for the whole subject. The six parts follow a logic of constitution, powers, institutions, procedures, instruments and remedies, so each chapter has a clear place within the Union's constitutional order.
• Authors with direct institutional experience. Koen Lenaerts is President of the Court of Justice, and Piet Van Nuffel is a member of the Legal Service of the European Commission, according to catalogue descriptions of the book. That gives the book a view from inside the Union's institutions.
• Substantive coverage. The treatment includes the internal market, area of freedom, security and justice, external action and policy fields alongside the institutional material.
• Complete system of remedies. Part VI brings together judicial protection against Member States, private parties and the Union institutions in one place.

Limitations

• Size and density. At about 1,000 pages it is a reference treatise. It assumes the reader already knows the basic institutions and doctrines of EU law.
• Edition information. The 2022 printing is a reprint of the work first published in 2021, so later developments need other sources. Catalogues also list Tim Corthaut as editor of the 2021 edition.
• Few study aids. The publisher's description does not mention case extracts or exercises, unlike a text, cases and materials book. A reader will need to read the judgments it cites separately.

Where It Fits in the Course

This is the treatise-level work on the constitutional and institutional side of EU law. EU Law Directions (Foster) and Horspool, Humphreys and Wells-Greco's European Union Law are introductory and compact; Barnard and Peers's European Union Law is an edited textbook in which specialist contributors each cover one area; and Schütze's European Union Law is a single-author text in three parts, with frequent diagrams. Craig and de Búrca's EU Law: Text, Cases, and Materials pairs commentary with extracts from cases and scholarship.

Lenaerts and Van Nuffel is a book to read after one of the general texts, when a student wants a full, systematic account of competences, institutions, procedures and remedies, or a precise statement of how the Treaties regulate a particular point.

How to Use This Book

It is written for readers who have already completed a course in EU law, including the institutions, the sources of EU law and the doctrines of direct effect and primacy. It suits advanced undergraduates, postgraduate students, researchers and practitioners.

A practical plan:

• For a constitutional law course: Part I (the Treaties and their amendment), the chapters of Part II on values, principles and limitations, Part V (instruments and effects) and Part VI (judicial protection).
• For institutional questions: Parts III and IV, which can be read independently of the competence chapters.
• For substantive policy: the relevant chapter of Part II (internal market, area of freedom, security and justice, external action).
• Use the book as a reference alongside the Treaty text and the cited case law, and check recent developments in current sources.