To ‘provide for the common defense’

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown, P. 21 - 47

Published: Feb. 26, 2025

Abstract Chapter 2 analyses the EU response to war in Ukraine field of Common Foreign and Security Policy (CFSP) Defence (CSDP), examining whether constitution provided for common defence. The chapter maps core diplomatic, military, defence production measures adopted by war. highlights how led an acceleration integration CFSP/CSDP. In particular, it emphasizes developed a strategy, including funding first time procurement ammunition. Nevertheless, also action CFSP/CSDP was hampered governance rules which require unanimity Council, limited budgetary resources production. And given lack any credible hard power, strengthened role North Atlantic Treaty Organization (NATO) as leading organization European security.

Language: Английский

---

To ‘insure domestic tranquility’

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown, P. 99 - 124

Published: Feb. 26, 2025

Abstract Chapter 5 analyses the EU’s response to war in Ukraine field of energy and industrial policy, examining whether constitution has insured domestic tranquility. The chapter maps core measures that EU enacted mitigate skyrocketing prices energy, speed up green transition repower with renewable energies; develop a new policy for net-zero age. discusses consequences these measures. Nevertheless, also underlines how adopted tackle crisis have raised legal questions, reflects on threats level playing posed by relaxation state aid law. Finally, highlights facilitate decarbonization industry been funded resources which are very limited when compared those deployed other global players.

Language: Английский

---

To ‘secure the blessings of liberty’

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown, P. 125 - 148

Published: Feb. 26, 2025

Abstract Chapter 6 examines how the EU responded to war in Ukraine field of enlargement, examining whether constitution secured blessings liberty. The chapter maps core measures that adopted enlarge and reform. discusses consequences these developments, emphasizing relaunched enlargement process after a decade stalemate—opening prospect for future 35 Member States or more. Nevertheless, underlines how, given existence unanimity rule on treaty changes, has been unable start preparations by adjusting its institutional set-up. Despite multiple calls reforms designed strengthen EU’s substantive powers increase efficiency decision-making systems, opposition other countries so far hampered any step towards amendment.

Language: Английский

---

Abbreviations

Published: Feb. 26, 2025

---

To ‘promote the general welfare’

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown, P. 48 - 72

Published: Feb. 26, 2025

Abstract Chapter 3 analyses the EU’s response to war in Ukraine field of economic and fiscal policy, examining whether EU constitution promoted general welfare. The chapter maps core financial instruments that put place help Ukraine. highlights how swiftly led reproduce legal policy model used address socio-economic damage Covid-19 pandemic, with establishment Next Generation (NGEU). In particular, both Macro-Financial Assistance Instrument (MFA+) 2023 Facility contribute consolidation an capacity. Nevertheless, also action was constrained by decision-making rules give every Member State a veto on authorization issue common debt.

Language: Английский

---

Conclusion

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown, P. 149 - 164

Published: Feb. 26, 2025

Abstract Chapter 7 concludes the book, emphasizing how EU, an organization established to preserve internal peace, has since Russia’s invasion of Ukraine in February 2022 repurposed its machinery government deal with external war. The chapter summarizes core arguments developed and advances several normative recommendations. First, EU constitution proved flexible enough enact groundbreaking measures support Ukraine. Secondly, however, also revealed a number shortcomings: these have either prevented fast vigorous action when needed, on one hand, or failed constrain properly protect important values such as human rights rule law, other. For this reason, book lastly maintains that needs be reformed for good, makes case favour ‘more perfect union’ Europe.

Language: Английский

---

Introduction

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown, P. 1 - 20

Published: Feb. 26, 2025

Abstract Chapter 1 explains the rationale, analytical framework, argument, and structure of book. The chapter underlines how since Russia’s large-scale aggression against Ukraine, starting in February 2022, EU has faced—practically for first time its existence—the question war. As such, aims to study constitution fared wartime. embraces a comparative inspired by language preamble Constitution United States, outlines EU’s response Ukraine five policy fields: (1) common foreign security (CFSP) defence (CSDP); (2) fiscal economic policy; (3) justice home affairs; (4) energy industrial (5) enlargement treaty reforms. In each these domains, book maps core measures adopted EU, examines their consequences, discusses challenges.

Language: Английский

---

To ‘establish justice’

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown, P. 73 - 98

Published: Feb. 26, 2025

Abstract Chapter 4 analyses the EU response to war in Ukraine field of justice and home affairs, examining whether constitution established justice. The chapter maps core solidarity, sanctions, investigation compensation measures that put place support make Russia pay for its illegal aggression. discusses consequences these measures. Nevertheless, underlines how governance inefficiencies weakened solidarity. Moreover, it highlights action this field—while motivated by desire remedy injustice war—raised legal challenges terms compliance with human rights international law. In particular, seizure extraordinary profits resulting from immobilized Russian assets is compatible rules on foreign sovereign immunity—suggesting led silencing some constitutions’ fundamental values.

Language: Английский

---

Table of Cases

Published: Feb. 26, 2025

---

The EU Constitution in Time of War

Oxford University Press eBooks, Journal Year: 2025, Volume and Issue: unknown

Published: Feb. 26, 2025

Abstract Russia’s aggression against Ukraine has been a watershed moment for the European Union (EU). The return of large-scale conventional warfare to continent first time since Second World War shattered illusions perpetual peace and forced EU face reality hard power. This makes an examination EU’s constitution in times war compelling. Following invasion Ukraine, this book explores how constitutional structure handled challenges war. It embraces comparative analytical framework examines legal response five core policy areas: Common Foreign Security Policy Defence Policy; economic fiscal policy; justice home affairs; energy industrial enlargement reform. advances threefold argument. First, it claims that proved flexible enough allow act wartime. Secondly, however, maintains Europe exposed limits as, on one hand, structural constraints governance shortcomings weakened ability with resolve, and, other, laws also at too weak constrain action properly—especially regarding respect fundamental rights rule law. As result, thirdly, posits must be improved identifies possible revisions which could help ‘form more perfect Union’ both peace.

Language: Английский

---