Brexit and the EU Constitutional Order: A Three Act Tragedy

This paper reflects upon the consequences of Brexit for the EU constitutional order. It joins many analyses that followed the referendum by which the UK citizens decided that their country should leave the EU. However, whereas the majority of analyses concentrate on the impact of Brexit on the UK legal order, this paper looks into the possible repercussions for the EU legal order.

It divides the consequences into three periods: first, the one that immediately followed the referendum; second, the period that will open with the UK notification of its decision to withdraw; and the third, looking into the long-term effects of Brexit for the EU. Within such a framework, the paper offers the author’s view on the possible and desirable interpretations of article 50 TFEU.