ABSTRACT
The previous chapter focused on how different analytic jurisprudential approaches may inform understanding of the distinctive features of the law and legal practices of the European Union. I highlighted two key features of the Union order that cannot be adequately understood within the context of existing theoretical models. The first concerned the fact that the Union Treaties represent an object-specific constitution insofar as they extend beyond generalised concerns of political morality and relate instead to the political ‘project’ of European integration within a limited jurisdictional sphere designed for that purpose. The second related feature concerns the flexible, dynamic role played by the foundational values of the Treaties within the practices of the Court of Justice in determining Union law demands.
