EU Constitutional Law

LENAERTS Koen , VAN NUFFEL Piet , CORTHAUT Tim

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Summary

This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

Table of contents

Part I Constituting the European Union
1:The Development from European Communities to European Union
2:The Treaty of Lisbon and the Current Treaties
3:Amendment of the Treaties
4:Accession to and Withdrawal from the European Union
Part II Competences of the European Union
5:Values, Objectives, and Principles Governing the Union Competences
6:Citizenship of the Union
7:The Internal Market
8:The Area of Freedom, Security, and Justice
9:Other Areas of Union Policy
10:External Action of the Union
11:Limitations and Exceptions to the Application of the Treaties
Part III Institutional Actors of the European Union
12:The Political Institutions of the Union
13:Other Institutions and Bodies of the Union
14:The Union as an International Organization
15:The Member States of the Union
16:The Relationship between the Institutional Actors
Part IV Decision-Making in the European Union
17:The Legislative Procedures
18:The Implementation of Union Legislation
19:CFSP Decision-Making
20:The Budgetary Procedures
21:The Procedure for Concluding International Agreements
22:Decision-Making Restricted to Particular Member States
Part V Legal Instruments of the European Union
23:Union Law and its Effects in the National Legal Orders
24:The Treaties: Primary Union Law
25:Fundamental Rights and General Principles of Union Law
26:International Law
27:Acts Adopted by the Institutions and Bodies of the Union
28:Other Sources of Union Law
Part VI Judicial Protection in the European Union
29:Judicial Protection vis-a-vis Member States and Private Parties
30:Judicial Protection vis-a-vis the Institutions and Bodies of the Union