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The Law & Politics of Brexit$
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Federico Fabbrini

Print publication date: 2017

Print ISBN-13: 9780198811763

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198811763.001.0001

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Brexit and EU Treaty Reform

Brexit and EU Treaty Reform

A Window of Opportunity for Constitutional Change?

Chapter:
(p.267) 13 Brexit and EU Treaty Reform
Source:
The Law & Politics of Brexit
Author(s):

Federico Fabbrini

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198811763.003.0013

The chapter argues that Brexit compels the EU institutions and the Member States to engage in constitutional change at EU level. Several provisions of the EU treaties and quasi-constitutional EU norms will need to be amended to adapt to the reality of a Union of twenty-seven. The revision of these legal norms, however, may provide an opportunity to discuss radical changes to the EU constitutional system—a prospect that had been discussed during the euro-crisis, and in the context of the celebrations for the 60th anniversary of the Rome Treaties Treaty reform in the EU has been mixed, and there are many obstacles toward a new constitutional settlement in Europe. Nevertheless, the growing calls for a multispeed Europe signal a credible alternative: after Brexit, integration by a sub-group of states remains a distinctive possibility in case the efforts to reform the EU constitutional system should falter got idiosyncratic national reasons.

Keywords:   Brexit, EU, treaties, amendment, European Parliament, budget, constitution-making, institutions, constitutional moment

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