While the European integration project successfully strengthened European identity, Brexit, the EEA and Switzerland serve as prominent and constant reminders that European integration – for the benefit of all – should not only come in one-size-fits-all. The EU has demonstrated extraordinary...

This paper engages in a normative critique of the phenomena of Member State withdrawal and opt-outs from the European Union from the perspective of the dual-constituent thesis. Opt-outs from the EU legal order are conceptualised as the retention of the constituent power of Member States to...