Marcus Klamert’s book on ‘Th e Principle of Loyalty in EU Law’ is a welcome addition to
this series. It is an important subject, and the book is divided into four parts.
In the fi rst part, the author considers the way in which Article 4(3) TEU was
drafted and its relevance for the themes in this book. We are introduced to what the
author regards as specifi cations of loyalty, such as loyalty and confl ict resolution,
and loyalty and duties of abstention. We are introduced also to the addressees of the
loyalty obligation, with discussion of horizontal loyalty, vertical loyalty and reverse
vertical loyalty, the latter connoting obligations fl owing from the EU to the Member
States, rather than vice-versa. Klamert considers the relationship between loyalty and
other doctrinal concepts such as good faith and pacta sunt servanda, as well as the
federal dimension to fi delity, with comparative insights drawn from US, Canadian,
and Australian law, and from a number of continental legal systems, such as Belgium,
Austria and Germany. Th ere is analysis of the extent to which the concept of loyalty
can be said to have informed the CJEU’s case law in seminal decisions such as Costa,
ERTA and Francovich .
In the second part consideration is given to the way in which loyalty fosters the cohesion
of EU law. Klamert argues that loyalty informs, underpins or shapes legal concepts
developed by the EU courts in order to ensure that EU law can function in a cohesive
manner. Th is leads to examination of supremacy, pre-emption, and the principle of
eff ectiveness, although Klamert recognizes the diversity of meaning accorded to the
concept of eff ectiveness in the CJEU’s case law.
Th e focus in part three of the book shifts to the role played by loyalty in relation
to cooperation in EU law. Th is provides the setting for examination of the rules concerning
delimitation of competence between the EU and the Member States, and the
role played by loyalty in the interpretation and application of the respective fi elds in
which the EU and the Member States can exercise power. Th ere is an overview of the
distribution of competence in the post-Lisbon world, followed by analysis of the way
in which loyalty impacts on the fi eld of non-exclusive competence. Th e discussion
includes consideration of the way in which loyalty plays a role in relation to certain
kinds of secondary EU legislation.
Th e fi nal part of the book deals with loyalty and the construction of the EU. Th e
objective is to draw together certain more general conceptual issues that have occupied
the courts and academic commentary, and to reveal the ways in which loyalty plays a
role in relation to their development and content. Th is includes exploration of cooperation/
confl ict in the EU, and analysis of the extent to which loyalty can be seen as an
independent source of obligation and as a general principle of law.
Th is is a thought-provoking book that will be of interest to all those who study EU law.