Gavin Barrett, The Era of Article 50: How the UK Will Leave the EU If it Opts for Brexit in its 23 June, 2016 Vote

Gavin Barrett, The Era of Article 50: How the UK Will Leave the EU If it Opts for Brexit in its 23 June, 2016 Vote (May 25, 2016). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 02/16. Available at SSRN
Abstract:

Article 50, introduced into the Treaty on European Union by the Treaty of Lisbon, sets out a mechanism for a state which wishes to end its membership of a supposedly ‘ever closer Union’. Article 50 provides

“1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.”

The purpose of this contribution is to make some brief observations about the role of this article in any process of Brexit which may take place in the wake of a vote to leave the European Union on 23 June next.

 

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