Was Brexit a Form of Secession?

Abstract

AbstractAs a form of legal separation taking place within a quasi‐federal framework, Brexit displayed important conceptual similarities with secession, in that it was predicated upon notions of collective identity and aspirations of renewed self‐government. This article examines the interrelationship between Brexit, secession as a legal concept, and secessionism as a political phenomenon. It advances two main arguments: at a first stage, it highlights that while Brexit ideologically aligns with secessionism, it could not have met any sustained international law definition of secession itself. However, the constitutional constraint to the European Union's formal status as an association of states (Staatenverbund) as opposed to a federation (Staatsverband) has rendered its withdrawal provision (Article 50 of the Treaty on European Union (TEU)) unduly impervious to the important practical parallels between the Brexit process and decisional, that is, negotiated, forms of secession. The article goes on to argue that an active recognition of aspects of decisional secession within the EU constitutional framework could have allowed for a more complex and dialogical resolution of Brexit than the conditions set up by the unilateral withdrawal clause allowed.