Rule of Law in the European Union

Theodore Konstadinides is a Senior Lecturer in Law at the University of Essex. His research focuses on public law in its domestic and European context with an expertise in constitutional principles and the division of competences between the European Union and its Member States.

• Introduction I. Contents of the Book Part I: Design1. Foundations of the EU Rule of Law I. The EU as a System where Laws are Applied and Enforced II. Arguments Against the EU Rule of Law III. The Rule of Law as a Stretch Concept 2. Conceptualising the EU Rule of Law I. Introduction II. The Rule of Law, Not the Rule of Man III. The Rule of Law, Not the Rule of One State IV. Conclusion 3. Locating the EU Rule of Law I. Introduction II. Express Commitment to the Rule of Law in EU Primary Law III. Implied Commitment to the Rule of Law in EU Constitutional Principles IV. Conclusion Part II: Enforcement 4. Holding EU Institutions to the Rule of Law I. Introduction II. Judicial Review of EU Acts as a Means of Individual Protection III. Judicial Protection before EU Courts IV. Judicial Protection before National Courts V. Review of EU Law by National Courts VI. Conclusion 5. Holding Member States to the Rule of Law I. Introduction II. Coining the Term ‘Rule-of-Law Crises’ III. Three Rule-of-Law Crises IV. Rule-of-Law Enforcement Mechanisms in the Treaty V. Conclusion Conclusion

The rule of law within the EU is a work in progress which is under strain. Anyone interested in that work in progress (or, indeed, examining or resolving those strains) would be well served by reading Konstadinides’ contribution to the debate.