Professor Theodore Konstadinides

Essex Law School
Professor Theodore Konstadinides
  • Email

  • Telephone

    +44 (0) 1206 874273

  • Location

    5S.4.9A, Colchester Campus

  • Academic support hours

    please email me to schedule an appointment



Theodore joined the Law School as a Senior Lecturer in 2016, and has been Professor of Law since 2018. His research and teaching interests lie broadly in the field of constitutional and administrative law, EU Law and constitutional theory. He has written on a number of issues, primarily on principles of constitutionalism such as the separation of powers and the rule of law. The European context in which public law develops, including where competence lies, how the EU's competences are used and what that means for national sovereignty are key areas of Theodore's research. Theodore has previously taught at the University College London and the University of Surrey. He has been a visiting professor at various institutions and a research fellow, most recently at the Institute of Advanced Legal Studies in London and the Centre for European Law at Kings College London. He advised the European Scrutiny Committee of the House of Commons and acted consultant for the UK Foreign and Commonwealth Office during the Government's Balance of Competence Review prior to the 2016 UK-EU referendum. He has also undertaken twice (in 2014 and 2018) research on the constitutional challenges in the European Monetary Union funded by the European Central Bank. Since the beginning of 2022 he has been working together with Dr Nikos Vogiatzis on an empirical project funded by the Forum of Canadian Ombudsman looking into how the provincial ombud offices in Canada perceive their role and contribution to constitutional principles. Theodore is currently senior editor of the Nordic Journal of European Law based at Lund University's Faculty of Law. He is the author of three monographs. His first book entitled 'Division of Powers in EU Law' was quoted by Advocate General Tanchev of the Court of Justice of the EU in Case C-414/16 Egenberger (2017) concerning the extent to which occupational requirements of religious organisations may be judicially reviewed. His most recent book on the 'Rule of Law in the European Union' has been reviewed in the European Human Rights Law Review (2018), the European Law Review (2019) and Public Law (2019) where it has been described as 'a fundamental doctrinal input to the dialectic exercise surrounding rule of law debates'. Theodore is currently working on a new monograph entitled 'The UK Constitution and Foreign Affairs' which will be published by Oxford University Press. The aim of the book is to explore the separation of powers and especially the constitutional limits to executive power in the conduct of foreign policy. He is also working on a piece about judicial independence in the UK after Brexit which follows up from his work as national rapporteur for the UK at the congress of the International Federation of European Law (FIDE 2021) on the role of national courts in the EU legal order. Theodore is currently supervising two PhD students: Mr Abdullah Almajed working on judicial review in Saudi Arabia and Miss Amelie Godfrey researching the constitutional protection of derivative citizenship rights in the UK after Brexit. He welcomes approaches for supervision.


  • LLB Qld University of Kent,

  • LLM University of Kent,

  • PhD in Law University College London,

Research and professional activities

Research interests

Constitutional concepts: such as the rule of law, constitutional identity and sovereignty

The constitutional ramifications of the UK's departure from the European Union

European and comparative constitutional law

EU external relations: esp. EU implied powers; Security policy and the relationship between EU and public international law

Human rights law: Effective judicial protection of EU and ECHR rights and national remedies

Constitutional and Administrative Justice Initiative

Administrative Justice, Constitutional and Public Law, Social Justice, Judicial Review.

Open to supervise

Conferences and presentations

FIDE 2020 National Rapporteur

Invited presentation, International Federation of European Law Congress (FIDE) 2020, International Federation of European Law Congress (FIDE) 2020, The Hague, Netherlands, 21/5/2020


Journal articles (22)

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., (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 EU Law: Is There Room for Solidarity to Wriggle Past?. European Law Journal. 19 (2), 267-282

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

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., (2022). The UK Constitution and Foreign Affairs. Oxford University Press

Konstadinides, T., (2017). The Rule of Law in the European Union The Internal Dimension. Hart Publishing Limited. 1849464707. 9781849464703

Mitsilegas, V., Bergström, M. and Konstadinides, T., (2016). Research Handbook on EU Criminal Law. Edward Elgar Publishing. 1783473304. 9781783473304

(2014). Human Rights Law in Europe. Routledge. 1138204552. 9780203538029

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 (14)

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., (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. and Sallustio, R., (2022). 'The Constitutionality of the UK’s Notification to Leave the European Union'. In: Research Handbook on Brexit. Editors: Cygan, A. and Lazowski, A., . Hart 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., (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. 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. 9781783473304

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

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


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)

+44 (0) 1206 874273


5S.4.9A, Colchester Campus

Academic support hours:

please email me to schedule an appointment