The EU Constitution in Time of War: Legal Responses to Russia’s Aggression Against Ukraine

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Federico Fabbrini (Full Professor of European Law, Full Professor of European Law, Dublin City University)

The EU Constitution in Time of War

Legal Responses to Russia’s Aggression Against Ukraine

Federico Fabbrini (Full Professor of European Law, Full Professor of European Law, Dublin City University)

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English

Oxford University Press
21 May 2025

EU & European institutions; Military & defence law

Russia's illegal aggression against Ukraine has been a watershed moment for the European Union (EU). The return of large-scale conventional warfare to the European continent, unseen since the Second World War, shattered the illusion of perpetual peace and forced the EU to confront the reality of hard power. Originally created to maintain internal peace, the EU was never conceived to handle the challenges of war. Yet, the war in Ukraine required the EU to repurpose its machinery of government to do just that.

Embracing a comparative analytical framework, this book examines how the EU constitution has functioned in response to Russia's aggression. It scrutinizes the EU's legal reactions across five key policy areas: foreign, security, and defence policy; economic and fiscal policy; justice and home affairs; energy and industrial policy; and enlargement and reform. In doing so, it investigates whether the EU constitution has enabled the EU to respond effectively to the war, how EU treaties have been interpreted to authorize war-related actions, and whether these responses have adhered to constitutional limits.

Advancing a threefold argument, this book asserts that the EU constitution has demonstrated sufficient flexibility to permit wartime actions. Secondly, it highlights the limitations exposed by the return of conventional warfare in Europe, noting structural constraints and governance shortcomings that hinder decisive action, and instances where laws inadequately constrain EU action, particularly regarding fundamental rights and the rule of law. Finally, it evaluates the long-term constitutional implications of war for EU governance and proposes legal reforms that could shape a more perfect EU for both times of war and peace.

By: Federico Fabbrini (Full Professor of European Law Full Professor of European Law Dublin City University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 16mm, Width: 164mm, Spine: 240mm
Weight: 436g
ISBN: 9780198963486
ISBN 10: 0198963483
Pages: 192
Publication Date: 21 May 2025
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Federico Fabbrini is Full Professor of European Law at the School of Law and Government in Dublin City University, Ireland where he is also the Founding Director of the Brexit Institute and the Dublin European Law Institute. He is the Principal Investigator of several EU-funded research projects, including the Jean Monnet Network BRIDGE, the Jean Monnet Centre of Excellence REBUILD, and the Jean Monnet Network PROSPER. Federico is the author of four monographs in English including EU Fiscal Capacity (OUP, 2022) and Brexit and the Future of the European Union (OUP, 2020). He has also edited over a dozen volumes and special journal issues, and drafted numerous articles, book chapters, and reports. He is the recipient of the Charlemagne Price fellowship, the DCU President's Research Award, and in June 2021 he was made a knight of the Order of the Star of Italy.