New Arrival The History of European Union Law: Constitutional Practice, 1950 to 1993
The History of European Union Law: Constitutional Practice, 1950 to 1993

European Union Law › Legal History › Law

The History of European Union Law: Constitutional Practice, 1950 to 1993

Edited by Bill Davies · Morten Rasmussen
New Arrival Cambridge University Press April 2026

Specifications

ISBN-13
9781009673921
Publisher
Cambridge University Press
Publication
April 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This formative period of EU law witnessed an intense struggle over the emergence of a constitutional practice. While the supranational institutions, including the European Commission, the European Court of Justice and the European Parliament, as well as EU law academics helped to develop and promote the constitutional practice, member state governments and judiciaries were generally reluctant to embrace it. The struggle resulted in an uneasy stalemate in which the constitutional practice was allowed to influence the doctrines, shape and functioning of the European legal order that now underpins the EU, but a majority of member state governments refused to codify it in the Treaty of Maastricht (1992) and thus rejected European constitutionalism as the legitimating principle of the new EU. The struggle and eventual stalemate over the constitutional practice traced in this book accounts for the fragile and partial system of rule of law that exists in the EU today.

Table of Contents

History and theory – towards a new history of European law
Morten Rasmussen

Part I. Supranational Institutions and Transnational Actors and the Battle over the Constitutional Practice of European Law:
1. Inside the European court of justice: a biographical approach
Vera Fritz
2. At the vanguard of European constitutionalism: the role of the legal service of the European commission
Sigfrido M. Ramírez Pérez
3. The European parliament and the constitutionalisation of European law
Jan-Henrik Meyer
4. Academic allies: transnational European law academia and the development of the constitutional practice
Rebekka Byberg
5. Intergovernmentalism on the rise – the council in the battle over the constitutional practice of European law
Philip Bajon

Part II. Member State Reception of the Constitutional Practice of European Law:
6. The solange admonition – the necessity of structural congruence between Germany and Europe
Bill Davies
7. To be or not to be – France and European law
Alexandre Bernier and Morten Rasmussen
8. Blazing a trail – the Netherlands and European law
Karin van Leeuwen
9. A job for the civil servants – Denmark and European law
Jonas Langeland Pedersen

Archives consulted
Bibliography
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