Contemporary Challenges to EU Legality

ISBN : 9780192898050

Claire Kilpatrick; Joanne Scott
192 Pages
153 x 234 mm
Pub date
Apr 2021
Collected Courses of the Academy of European Law
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This volume on the law of the European Union focuses on contemporary challenges to EU legality. Such challenges include actions or activities that cast doubt on, or sit uncomfortably with, the premises, principles, and norms that underpin the EU's legal order as proclaimed by the Treaties and the authoritative judgments of the European Court. These premises, principles, and norms range from the precisely formulated to the noticeably vague. The book develops a broader theoretical perspective as well as delving into a range of substantive areas including the Common Foreign and Security Policy, the EU's relationship with international law, migration, the sovereign debt crisis, and Brexit.


1 Claire Kilpatrick and Joanne Scott: Challenging EU Legality
2 Neil Walker: The Theoretical Foundations of EU Law
3 Evelien Brouwer: Challenges to EU Legality in the Field of Asylum and Migration Law
4 Ramses A Wessel: Legailty in EU Common Foreign and Security Policy: The Choice of the Appropriate Legal Basis
5 Bruno De Witte: Accession to International Instruments as an EU Legality Constraint
6 Kieran Bradley: Disintegration through Law: Brexit, Article 50, and the Court

About the author: 

Claire Kilpatrick is Professor of International and European Labour and Social Law at the European University Institute and Co-Director of the Academy of European Law at the EUI. She is also the EUI's Dean of Graduate Studies. Before coming to the EUI in 2011, she worked at LSE and before that at Cambridge University. Her interests lie mainly in the law and policy construction of Social Europe, especially the EU's roles. A focus of her recent work is EMU and Social Europe with a particular focus on sovereign debt loan arrangements and legal challenges to those arrangements from those within debtor EU states. Professor Kilpatrick is involved in two research projects at present concerning 'Equality Law in Europe - A New Generation' and 'The Court of Justice in the Archives'. These projects are hosted by the Academy of European Law at the EUI and involve the participation of many EUI researchers.; Joanne Scott is Professor of European Law and Co-Director of the Academy of European Law at the European University Institute. She is currently on leave from University College London, where she taught from 2005 to 2017. Before that she taught at the University of Cambridge, Queen Mary University of London and the University of Kent. Her research interests lie in the areas of environmental law and climate change law, EU extraterritoriality, new modes of EU governance and the relationships between different legal orders. Among her recent publications is a co-edited book (with Marise Cremona) on EU Law Beyond EU Borders: The Extraterritorial Reach of EU Law (2019). She was elected as a Fellow of the British Academy in 2013 and a Fellow of the Royal Society of Edinburgh in 2012. Along with Claire Kilpatrick and Marise Cremona, she is currently involved in the Academy research project exploring 'The Court of Justice in the Archives'. This project is funded by the EUI Research Council.

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