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^* Assistant Professor, University of Alberta. A first version of this article was presented at the conference ‘Constitutionalisation in Question: Revisiting the Foundational Logics of European Integration by Law’, at the University of Copenhagen in December 2011. We would like to thank all participants in the conference for their comments. In addition, we are grateful to: Monica Claes, Michal Bobek, Rebekka Byberg, Alexandre Bernier, Brigitte Leucht, Bill Davies, Karen Gram-Skjoldager, Vera Fritz, Karin van Leeuwen and Ann-Christina L. Knudsen for comments that considerably improved this article.

^** Associate Professor, University of Copenhagen.