Constitutional Disintegration and Disruption - Withdrawal and Opt-Outs From the European Union

List of contents

• 1: Introduction


• 2: Constituent Power, the Treaty Triptych, and the Role of Individuals


• 3: Opt-Out Protocols: Telos, Form, and Function


• 4: Pre-Brexit: A Narrative of Disruption


• 5: Article 50 TEU: Telos, Form, and Function


• 6: Brexit: A Narrative of Disintegration


• 7: The Normative Failings of Opt-Outs and Withdrawal


• 8: Reforming the Opt-Out Protocols and Article 50 TEU


• 9: Conclusion

About the author

Oliver Garner is a Research Leader in European Rule of Law at the Bingham Centre for the Rule of Law, British Institute of International and Comparative Law. He is also the Managing Editor of the Central European University Democracy Institute Working Paper series and the Co-Managing Editor of the Review of Democracy and co-Head of Section for Rule of Law. He was a re:constitution fellow in 2022-23 and held visiting researcher positions at Dublin City University and the London School of Economics. He completed his LLM and PhD at the European University Institute and a BA Jurisprudence at the University of Oxford.

Summary

Constitutional Disintegration and Disruption examines withdrawal and policy opt-outs from the EU, using the constitutional lens of the dual-role that individuals play in the EU's supranational order. The book explores the reasons behind disruption and disintegration, and the Treaty reforms required to preserve European integration.

Product details

• Authors: Oliver Garner, Oliver (Research Leader in European Rule o Garner
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 18.03.2025
• EAN: 9780198914105
• ISBN: 978-0-19-891410-5
• No. of pages: 336
• Series: Oxford Studies in European Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Constitutional, EU (European Union), Constitutional & administrative law, Legal system: general, Constitutional and administrative law: general, Legal systems: general