At the Vanguard of European Constitutionalism: The Role of the Legal Service of the European Commission

At the vanguard of European constitutionalism is the Legal Service of the European Commission. This chapter reconstructs its role in the history of European law, arguing that its lawyers were central to the promotion of the constitutional practice. It charts the development of the Legal Service’s internal views and positions taken before the European Court of Justice, emphasising the importance of personal leadership of the Service. Here, figures such as Michel Gaudet, Robert Krawielicki, Walter Much and Claus-Dieter Ehlermann shaped in different ways the Service, and by extension the course of the legal history of European integration. The chapter details how Legal Service engaged with the broader community of European lawyers and academics in an attempt to sway opinion towards its constitutional understanding of European law. The evolution of the constitutional practice of European law cannot be fully understood without the key role played by the Legal Service.