This chapter discusses the way in which EU norms can be invoked. It determines how, in dialogue with national courts, the ECJ has sent out diverging signals as to when norms of EU law can be invoked. On the one hand, divergence flows from conflicting conceptual approaches to invocability; on the other hand, it can be linked to the piecemeal construction of case law. Moreover, the introduction of the Third Pillar instruments has created further uncertainty. It is argued that divergence can be overcome. The chapter then restates an alternative reading of case law which recalls the role played by primacy in invoking norms of EU law.

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This chapter outlines the procedures for the accession to and withdrawal from the European Union. The accession procedure begins with an application to become a member of the Union. Article 49 TEU provides that '[a]ny European State which respects the values referred to in Article 2 and is committed to promoting them' may apply to become a member of the Union. The requirement that a candidate Member State should respect 'the values referred to in Article 2' was introduced by the Treaty of Lisbon and refers to the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. Since the entry into force of the Treaty of Lisbon, the Treaties also make it possible for any Member State to withdraw from the European Union (Article 50 TEU). The leaving Member State has to negotiate and conclude an agreement with the Union, setting out the arrangements for its withdrawal and taking account of the framework for its future relationship with the Union. The chapter then looks at the withdrawal of the United Kingdom from the Union, so-called Brexit.

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This book is a comprehensive textbook on EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It encompasses five major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. Meanwhile, the second part provides an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth analysis of EU citizenship and the four freedoms. The third part addresses the role and workings of the various institutions, while part four looks at the various decision-making processes. The fifth part considers the legal instruments and the position of Union law in the EU and national legal orders, with an attention to the key principles of primacy and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. Finally, the book sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce Union law or to obtain judicial protection.