6 December 1992 – 9 February 2014 – 23 June 2016: three national referendums related to the European integration process, the first two in Switzerland, the third in the United Kingdom, with a hardly expected but unmistakably clear anti-European and anti-establishment outcome. The people have spoken, the matter is settled, governments have to abide. So goes the common understanding. In constitutional terms and in the theory of (direct) democracy, however, things may look different.

The United Kingdom 2016 referendum on membership of the European Union – challenges of pursuing the decision to withdraw – challenges for the UK constitution in commencing, executing, concluding, and legitimising EU withdrawal – domestic constitutional requirements for triggering Article 50 TEU – roles of UK government, UK Parliament, and devolved institutions in Brexit – a second referendum or a national general election on withdrawal terms – exiting the EU as a challenge of the UK’s political constitution – Brexit as exposing limitations of the UK’s current constitutional arrangements and architecture – Brexit as an unprecedented event and the centrality of politics – constitutional factors contributing to the outcome of the referendum – concerns about sovereignty and the (im)possibility of a national response – potential implications of the referendum for the UK and for the EU

Populism – Constitutional Theory – Paradox of Constituent Power – Popular Sovereignty – Representation – Constitutional Identity – Democracy

Haircut of public creditors as next step in the escalation of the euro debt crisis? – Exploring the boundaries set by the EU Treaty on debt restructuring – Limitations imposed by no-bailout clause and prohibition of monetary state financing – Standards set in Pringle and Gauweiler – Haircut on nominal debt infringes no-bailout clause – Active involvement by European Central Bank violates ban on monetary state financing – Other forms of ‘soft haircuts’ may be compatible with EU law

Arguments in favour of a more explicit and clearer EU stance on secession from a member state – two different cases for secession and their implications – the inadmissibility of unilateral secession within the EU – consensual secession does not create a legal entitlement for automatic membership – the need to follow the route of Article 49 TEU – no need for a specific secession provision in EU treaties

Economic and financial crisis – Institutional response and constitutional changes in the area of economic governance – Relationship between the European Union and the member states – Interpretation – Two concepts elaborated by Michel Foucault – ‘Pastorship’ and ‘Discipline’ – The deep sense of the new techniques of government in this area – The role of the Court of Justice – The position of national judges.

European Court of Human Rights – Subsidiarity – Margin of appreciation – Deference – Theorising the margin of appreciation based on a large case law study – The ‘systemic’ (rethought ‘structural’) element of the margin of appreciation relies on a functional rationale related to the distribution of tasks within the European system for the protection of human rights and is based on non-merits reasons – The ‘normative’ (rethought ‘substantive’) element reflects normative flexibility and is based on merits reasons – Both margins reflect the principle of subsidiarity – The two margins most often interact in partial deference but the systemic margin can also lead to complete deference – Presumptions of complete deference in the case law of the Court – Implications of increased reliance on the systemic margin as the Court moves emphasis from ‘substantive’ to ‘procedural’ review.

Tension between ‘rights’ and ‘democracy’ principle in highly political cases – ECtHR’s wide margin of appreciation on elections put into question by recent cases – Sejdic-Finci v Bosnia-Herzegovina (BiH): ethnic criteria for standing in election violate Convention – Zornic v BiH: candidate’s exclusion from standing in election on account of her self-chosen identity violates P-12 – Mathieu-Mohin and Clerfayt v Belgium overruled? – ‘Integrative democratic tolerance’ approach: five legal and political principles to reconcile ‘rights’ and ‘democracy’ principle in highly political cases.

The principle of legal certainty and legitimate expectations as a legal tool for individuals in EU law – the mixed nature of EU emergency law: the ‘conferral principle’ limitation and the ways to expand executive powers in the EU response to the crisis (Pringle, ESMA, BPP, OMT) – the existence of legal certainty failures in that response: unpredictable and disjointed legislation and adjudication – arguments blurring legal certainty as the standard of review for EU emergency law: conditionality, international law and indirect legislation – the self-restraint attitude of the European Court of Justice and the risks of leaving litigation under the sole remit of national courts: normalising emergency powers and EU law autonomy at stake

Early Warning Mechanism – Principle of Subsidiarity – Lisbon Treaty – Protocol No. 2 on Proportionality and Subsidiarity – A theoretical definition of the Principle of Subsidiarity – The scope of the Principle of Subsidiarity – Scrutiny of the respect for the principle of subsidiarity – The role of national parliaments in the EU legislative procedure – The Swedish Riksdag – national constitutional law – decentralised scrutiny – no selection mechanism – sectoral committees – reasoned opinions – the role of the Plenary – the Committee on the Constitution – method for scrutiny – the principle of proportionality – principle of conferral – legality – European Public Prosecutor’s Office – broad or narrow scrutiny – impact of the Early Warning Mechanism

Choice of legal basis in EU external action – Conclusion of international agreements – Application of the centre of gravity test – Delimitation of the Common Commercial Policy, the Common Foreign and Security Policy and Development Cooperation Policy – Institutional balance

Smouldering European debt crisis: overall public debt ratio as problem – Haircut as possible solution – Greece’s current creditors: public institutions (Member States and European Central Bank) – Insuring a sound budgetary policy as main goal of Article 125 TFEU – Consequences for a haircut by the Member States – The mandate of the European Central Bank and the prohibition of direct purchases of Member State bonds – Consequences for a haircut by the European Central Bank – Haircut as political question open for democratic debate