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 rejected European constitutionalism as the legitimating principle of the new EU formed on basis of the Treaty of Maastricht (1992). 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.
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This book explores the struggle over European Constitutionalism in the formative history of EU law from 1950 to 1993.
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.
Bill Davies is Associate Professor at the Department of Justice, Law & Criminology, American University and a leading expert on the legal history of European integration. He is the author of Resisting the European Court of Justice (2012) editor of EU Law Stories (2017) and has also published on American legal history: Timothy B. Dyk: The Education of a Federal Judge (2022). Morten Rasmussen is Associate Professor at the SAXO Institute, University of Copenhagen and a leading expert on the legal histories of European integration and the League of Nations. He has published numerous articles and book chapters on these topics and is co-editor of The Cambridge Handbook of the League of Nations and International law (forthcoming 2026).
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