Professor Theodore Konstadinides
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Email
t.konstadinides@essex.ac.uk -
Telephone
+44 (0) 1206 874273
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Location
5S.4.9A, Colchester Campus
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Academic support hours
please email me to schedule an appointment
Profile
Biography
Theodore is Professor of Law and the School’s Deputy Dean for staff development & wellbeing. He is also co-director of the Constitutional and Administrative Justice Initiative (Essex CAJI) together with Maurice Sunkin. Previously, Theodore was academic lead of public law at the Essex Law School and prior to joining Essex he held academic positions at the University College London and the University of Surrey. He is Senior Editor at the Nordic Journal of European Law and serves as Executive Committee member and Blog Editor for the UK Association for European Law. Theodore’s teaching and research cover a broad spectrum of public law, including UK constitutional and administrative law, EU constitutional law, and comparative constitutional law and theory. His academic work focuses on core principles of constitutionalism, investigating how powers are divided among government branches and the fundamental values rooted in the rule of law and constitutional justice as enforced by courts through judicial review. A central focus of Theodore's research is the European framework that influences the development of public law, addressing critical aspects such as the allocation of competence between the EU and its Member States and the ensuing implications for constitutional identity, national sovereignty and the rights of citizens. He has delivered presentations on these matters on many occasions, including at the International Federation of European Law (FIDE 2021), where he was the last national rapporteur for the UK, addressing the topic of the role of national courts in the EU legal order. Theodore has written widely in the field of EU and UK public law. He has authored three monographs and has edited three research volumes spanning key aspects of European constitutional law, including criminal law, human rights protection, and external relations. Theodore’s most recent book on the 'Rule of Law in the European Union' explores how the EU and its institutions interpret the rule of law within the EU polity. He is currently working on his fourth monograph titled 'The Constitution and UK Foreign Affairs' which will be published by Oxford University Press. The book explores the effect of the conduct of foreign affairs on the UK's uncodified constitution. He is also working on an idea for an edited volume on principles of constitutional justice and the various approaches different institutions within and outside the state adopt to implement these principles. Theodore is actively involved in policy impact, providing expert evidence that parliamentary committees, including the European Scrutiny Committee of the House of Commons and the International Agreements Committee of the House of Lords, reference. He has also consulted the UK Government's Civil Contingencies Secretariat and the UK Foreign, Commonwealth and Development Office legal directorate. Furthermore, Theodore’s work has influenced the reasoning of institutions at the EU level. His early monograph, titled ‘Division of Powers in EU Law’, was cited by Advocate General Tanchev of the Court of Justice of the EU in Case C-414/16 Egenberger (2017) which pertained to the scrutiny of the extent to which religious organisations’ job requirements can be judicially reviewed. Theodore's research on the boundaries of national authority in regulating the acquisition and loss of nationality concerning EU citizenship was more recently cited by Advocate General Szpunar in Case C-118/20 JY (2021) to underline the principle that Member States must adhere to EU law and are subject to review by the Court of Justice when dealing with situations falling under the scope of EU law. Theodore’s work has also had an impact on the European Central Bank where he has shared his insights with its Directorate General Legal Services regarding various constitutional challenges within the framework of the European Monetary Union. This collaboration was financially supported by the European Central Bank twice, in 2014 and 2018 through the ECB Legal Research Programme. Theodore has additionally secured funding awards for his research projects from various other sources including the ESRC Impact Acceleration account, the Swedish Institute for European Policy Studies; the Forum of Canadian Ombudsman; and the Uppsala Forum for Peace, Democracy and Justice. Recently, he participated as a team member in the 'Fundamental Constitutional Principles' project, led by E. Muir and T. Tridimas and supported by the European Law Institute in Vienna. Presently, Theodore is supervising Miss Amelie Godfrey, who is researching on the constitutional safeguarding of family derivative citizenship rights in the EU and the UK post-Brexit; and Miss Rebecca Amor, whose research focuses on exploring the constitutional footprint of multi-stakeholder initiatives as a form of transnational private governance. He has also seen to completion Mr. Abdullah Almajed, who completed his thesis in 2023 on the subject of improving the system of judicial review in Saudi Arabia; Theodore welcomes approaches for supervision.
Qualifications
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LLB Qld University of Kent,
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LLM University of Kent,
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PhD in Law University College London,
Teaching and supervision
Current teaching responsibilities
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Public Law in Context: Past, Present and Future (LW209)
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The Protection of Human Rights in the UK (LW244)
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Canadian Constitutional Law (LW366)
Previous supervision
Degree subject: Law
Degree type: Doctor of Philosophy
Awarded date: 8/3/2024
Degree subject: Law
Degree type: Doctor of Philosophy
Awarded date: 4/3/2024
Publications
Journal articles (25)
O'Connor, N., Konstadinides, T. and Karatzia, A., Courting Controversy? The Constitutional Implications of the Court of Justice of the European Union’s Involvement in the Resolution of Disputes After Brexit
Konstadinides, T., (2021). Europe's Second Constitution: Crisis, Courts and Community. EUROPEAN LAW REVIEW. 46 (5), 704-705
Konstadinides, T. and Karatzia, A., (2019). The legal nature and character of Memoranda of Understanding as instruments used by the European Central Bank. European Law Review. 44 (4), 444-464
Konstadinides, T., (2019). Judicial independence and the Rule of Law in the context of non-execution of a European Arrest Warrant: LM. Common Market Law Review. 56 (3), 743-769
Konstadinides, T. and Dyson, T., (2016). Enhancing Energy Security in the European Union: Pathways to Reduce Europe?s Dependence on Russian Gas Imports. European Law Review. 41 (4), 535-556
Konstadinides, T., (2016). The Meso Level: Means of Interaction between EU and International Law: Customary International Law as a Source of EU Law: A Two-Way Fertilization Route?. Yearbook of European Law. 35 (1), 513-532
Konstadinides, T., (2015). Dealing with Parallel Universes: Antinomies of Sovereignty and the Protection of National Identity in European Judicial Discourse. Yearbook of European Law. 34 (1), 127-169
Konstadinides, T., (2015). In the Union of Wine: Loose Ends in the Relationship between the European Union and the Member States in the Field of External Representation. European Public Law. 21 (4), 679-689
Konstadinides, T., (2015). The EU Common Security and Defence Policy. EUROPEAN PUBLIC LAW. 21 (2), 395-+
Konstadinides, T., (2014). EU foreign policy under the doctrine of implied powers: Codification drawbacks and constitutional limitations. European Law Review. 39 (4), 511-530
Herlin-Karnell, E. and Konstadinides, T., (2013). EU Constitutional Principles as Housekeeping Rules in EU External Variable Geometry
Herlin-Karnell, E. and Konstadinides, T., (2013). The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration. Cambridge Yearbook of European Legal Studies. 15, 139-167
Konstadinides, T., (2013). Civil Protection Cooperation in
Konstadinides, T., (2012). Drawing the Line between Circumvention and Gap-Filling: An Exploration of the Conceptual Limits Around the Scope of Article 352 TFEU. Yearbook of European Law. 31 (1), 1-1
Konstadinides, T., (2012). When in Europe: Customary International Law and EU Competence in the Sphere of External Action. German Law Journal. 13 (11), 1177-1202
Konstadinides, T., (2012). Mass Surveillance and Data Protection in EU Law: The Data Retention Directive Saga
Konstadinides, T., (2011). Constitutional Identity as a Shield and as a Sword: The European Legal Order Within the Framework of National Constitutional Settlement. Cambridge Yearbook of European Legal Studies. 13
Konstadinides, T., (2011). Destroying democracy on the ground of defending It? the Data Retention Directive, the surveillance state and our constitutional ecosystem. European Law Review. 36 (5), 722-736
Konstadinides, T., (2010). La fraternité européenne? The extent of national competence to condition the acquisition and loss of nationality from the perspective of EU citizenship. European Law Review. 35 (3), 401-414
Konstadinides, T., (2010). Wavering between centres of gravity: Comment on Ireland v Parliament and Council. EUROPEAN LAW REVIEW. 35 (1), 88-102
Konstadinides, T., (2009). Wavering between the Centre of Gravity in Internal Market Harmonization Legislation and the Borderline between the Different Pillars in the EU Treaty. European Law Review. 35 (1), 88-102
Konstadinides, T., (2008). Citizenship within the Scope Ratione Materiae of Community Law: The Current Approach of the Court of Justice. European Current Law XI-XV. 4
Konstadinides, T., (2007). The Perils of the ‘Europeanisation’ of Extradition Procedures in the EU Mutuality, Fundamental Rights and Constitutional Guarantees. Maastricht Journal of European and Comparative Law. 14 (2), 179-200
Konstadinides, T., (2004). The Element of Conditionality in the Pre-Accession Strategy of the East and Central East European Enlargement. Common Law Review Prague. 12
Konstadinides, T., (2003). Now and Then: Fischer's Core Europe in the Aftermath of the Collapse of December 2003 Constitutional Talks. Irish Journal of European Law. 11 (1), 117-117
Books (7)
Konstadinides, T., (2025). The Constitution and the conduct of UK foreign affairs. Oxford University Press
Konstadinides, T., (2017). The Rule of Law in the European Union The Internal Dimension. Hart Publishing Limited. 1849464707. 9781849464703
(2016). Research Handbook on EU Criminal Law. Edward Elgar Publishing. 1783473304. 9781783473304
(2014). Human Rights Law in Europe. Routledge. 1138204552. 9781138204553
Dyson, T. and Konstadinides, T., (2013). European Defence Cooperation in EU Law and IR Theory. Springer. 1137281308. 9781137281302
Konstadinides, T., (2012). Division of Powers in European Union Law: The Delimitation of Internal Competence between the EU and the Member States. Kluwer Law International. 9041126155. 9789041126153
Eckes, C. and Konstadinides, T., (2011). Crime Within the Area of Freedom, Security and Justice: A European Public Order. Cambridge University Press. 113949547X. 9781139495479
Book chapters (24)
Konstadinides, T. and Karatzia, A., FIDE XXIX Congress 2020 National Courts and the Enforcement of EU Law: UK Report. In: The XXIX FIDE Congress in The Hague, 2020 Congress Publications, Vol. 1. Editors: Botman, MR. and Langer, J., . Eleven International Publishing. 493- 508. 9789462361287
Konstadinides, T. and Nic Shuibhne, N., (2024). A Constitutional Reading of EU Citizenship. In: Research Handbook on EU Constitutional Law. Editors: Besselink, L., Lupo, N. and Wendel, M., . Edward Elgar Publishing
Konstadinides, T., (2022). 'Comment on Opinion of Advocate General Sharpston in Case C-240/09 Slovak Bears'. In: Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union. Editors: Butler, G. and Lazowski, A., . Edward Elgar Publishing
Konstadinides, T., (2022). The Rule of Law as the Constitutional Foundation of the General Principles of EU Law. In: Research Handbook on General Principles of EU Law: Constructing Legal Orders in Europe. Editors: Ziegler, K., Neuvonen, P. and Moreno-Lax, V., . Edward Elgar Publishing. 287- 307. 978 1 78471 237 2
Konstadinides, T. and Sallustio, R., (2022). What about our constitutional requirements? Revisiting the decision of the UK to withdraw from the EU. In: Research Handbook on Legal Aspects of Brexit. Editors: Cygan, A. and Lazowski, A., . Edward Elgar. 54- 72. 978-1-80037-313-6
Konstadinides, T., (2022). Access to Administrative and Judicial Review in Public Interest Litigation: Opinion of Advocate General Sharpston in Slovak Bears. In: Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union. 467- 474
Konstadinides, T., (2022). Member States as Trustees of the Union in International Organisations: Germany v Council (OIV). In: EU External Relations Law. Hart Publishing. 735- 744. 9781509939695
Konstadinides, T., (2021). 'Member States as Trustees of the European Union in International Organisations: International Organisation of Vine and Wine (O.I.V)’. In: EU External Relations Law: The Case in Context. Editors: Butler, G. and Wessel, R., . Hart Publishing
Konstadinides, T. and Xanthopoulou, E., (2020). International Fight against Impunity and EU Counter-Terrorism Law: The Case of Foreign Terrorist Fighters. In: The Fight Against Impunity in EU Law. Hart Publishing. 279- 298. 1509926887. 9781509926886
Konstadinides, T. and Mantzari, D., (2018). The Nexus between EU Common Foreign & Security Policy and Energy Policy. In: Research Handbook in EU Common Foreign and Security Policy. Editors: Blockmans, S. and Koutrakos, P., . Edward Elgar Publishing. 331- 353. 978-1785364075
Konstadinides, T., (2018). The Competences of the European Union. In: The Oxford Principles of European Union Law, Vol. 1: The European Union Legal Order. Editors: Schütze, R. and Tridimas, T., . Oxford University Press. 9780199533770
Konstadinides, T., (2016). EU Law and International Cooperation in Criminal Matters: a tale of legal competence and political competency. In: Research Handbook on EU Criminal Law. Editors: Mitsilegas, V., Bergström, M. and Konstadinides, T., . Edward Elgar Publishing. 567- 579. 9781783473304
Mitsilegas, V., Bergström, M. and Konstadinides, T., (2016). Introduction. In: Research Handbook on EU Criminal Law. 1- 6
Konstadinides, T. and O'Meara, N., (2014). Protection of Procedural and Substantive Rights in the EU and the ECHR: Introduction. In: Human Rights Law in Europe: The influence, overlaps and contradictions of the EU and the ECHR. Editors: Dzehtsiarou, K., Lock, T., O’Meara, N. and Konstadinides, T., . Routledge. 9780415825993
Konstadinides, T. and O'Meara, N., (2014). Rebalancing Judicial Protection in Criminal Matters after Lisbon and Stockholm. In: EU Security and Justice Law: After Lisbon and Stockholm. Editors: Arcarazo, DA. and Murphy, CC., . Hart Publishing. 77- 91. 9781849464222
Konstadinides, T., (2014). Mass Surveillance and Data Protection in EU Law: The Data Retention Directive Saga. In: European Police and Criminal Law Cooperation. Editors: Bergström, M. and Jonsson Cornell, AJ., . Hart Publishing. 9781782251491
Dyson, T. and Konstadinides, T., (2013). The Legal Underpinnings of European Defence Cooperation. In: European Defence Cooperation in EU Law and IR Theory. Palgrave Macmillan UK. 56- 85. 9781349448111
Dyson, T. and Konstadinides, T., (2013). Theoretical Contestation on European Defence Cooperation. In: European Defence Cooperation in EU Law and IR Theory. Palgrave Macmillan UK. 113- 135. 9781349448111
Dyson, T. and Konstadinides, T., (2013). Introduction. In: European Defence Cooperation in EU Law and IR Theory. Palgrave Macmillan UK. 1- 6. 9781349448111
Dyson, T. and Konstadinides, T., (2013). The Application of EU Law in Defence Collaboration and Armament Procurement. In: European Defence Cooperation in EU Law and IR Theory. Palgrave Macmillan UK. 86- 112. 9781349448111
Dyson, T. and Konstadinides, T., (2013). Explaining European Defence Cooperation. In: European Defence Cooperation in EU Law and IR Theory. Palgrave Macmillan UK. 136- 170. 9781349448111
Dyson, T. and Konstadinides, T., (2013). Mapping European Defence Cooperation. In: European Defence Cooperation in EU Law and IR Theory. Palgrave Macmillan UK. 7- 55. 9781349448111
Dyson, T. and Konstadinides, T., (2013). Conclusions. In: European Defence Cooperation in EU Law and IR Theory. Palgrave Macmillan UK. 171- 180. 9781349448111
Konstadinides, T., (2011). The Europeanisation of extradition: How many light years away to mutual confidence?. In: Crime within the Area of Freedom, Security and Justice: A European Public Order. Editors: Eckes, C. and Konstadinides, T., . Cambridge University Press. 191- 223. 9780511751219
Reports and Papers (1)
Konstadinides, T., (2018). The role of Parliament in the Constitution inquiry
Other (2)
Karapapa, S., Karatzia, A., Konstadinides, T. and O'Connor, N., (2020).Response to the consultation by the Ministry of Justice on the departure from retained EU case law by UK courts and tribunals,University of Essex, School of Law
Dzehtsiarou, K., Baker, RRB., Fontanelli, F., Ioannidou, M., Jago, R., Konstadinides, T. and Sarvarian, A., (2015).Family Visits for Life Long Prisoners: Written Comments in Khoroshenko v Russia. SSRN Electronic Journal,SSRN
Grants and funding
2022
Provincial Ombud Offices in Canada and fundamental constitutional principles: An empirical study
Forum of Canadian Ombudsman
Policy paper on 'European Citizenship revisited: A constitutional analysis of the transition from free movement rights to citizenship rights'
Swedish Institute for European Policy Studies (SIEPS)
Contact
Academic support hours:
please email me to schedule an appointment
