Legal Aspects of Withdrawal from the EU: A Briefing Note

The issue of the United Kingdom’s exit from the European Union (the so-called Brexit) means a turning point both in the history of the European integration, and also of the United Kingdom.The 51% of the British electorate voted in favor of leaving the EU, which raised up uncountable legal, political and economic questions to be answered. The legal questions raised by the Brexit could be categorized into some groups. I follow the categorization of Takis Tridimas in this article. There are open procedural, institutional and administrative issues of the withdrawal, which organize the ‘know how’ of the process; but we could talk about the future relationship forms between the United Kingdom and European Union; and the future of the European integration paradigm; or about the development and changes of the European Union’s and United Kingdom’s legal system due to the Brexit. In this paper, I analyze the European Union law rules of the withdrawal, highlighting the legal gaps waiting to be filled by the interpretation of the European Court of Justice. The elaboration of the treaty of withdrawal should rely on the interpretation and opinion of the European Court of Justice in relation to the problematic issues of the European Law, namely the Article 50 of the Treaty on the European Union. In addition, I analyze the Brittish constitutional law rules in subject to the Brexit.

2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, analyses the various jurisdiction options, under EU law and under public international law, in settling disputes arising from the Withdrawal Agreement of the UK from the EU and in the context of the Future Relationship Agreement with the UK. It examines in particular the continued involvement of the CJEU in the new context of the EU-UK relations and, based on CJEU case-law and previous international agreements, presents the various governance possibilities for these agreements.

2017

Recently the UK announced its desire to renegotiate its terms with the EU or an exit from the EU in terms of Article 50 of the Lisbon Treaty being led by its Prime Minister David

2017

After waiting nearly 13 years to become member of the European Union (EU), the United Kingdom, by the referendum in June 2016, it wants to be the first country leaving the European construction structures. However, the manner by which it was decided to exit the EU, namely the "referendum" raises many legal constitutional debates within the United Kingdom, even to the admission of the possibility to invoke the nullity of the vote of the British people. However, the London Government reaffirmed their desire to abandon the European ship. Thus, engaging the technical procedures for negotiating the conclusion of exiting from the EU cannot be sustained for too long. However, the future relationship between the European Union and Britain gives rise to many uncertainties. It puts in question the type of framework agreement which will regulate the cooperation between the EU and the UK. Maybe it will take as a model the existing agreement, such as that between the Union and the Swit...

considers vital questions concerning EU exit referendum; issues of how the UK would repeal EU law in the UK; question of acquired rights under EU law

How does the process of withdrawal of the European Union function according to Art. 50 TEU? This paper will response to this question by going through the different steps of the procedure of withdrawal, taking into account the existing legal framework lying behind Art. 50 TEU. The analysis will be illustrated by the case of Brexit. It will provide the reader with a better understanding of the conductance of a withdrawal process of the European Union. First, The paper will start by introducing the reasons behind the United Kingdom’s referendum that led to a notification of withdrawal from the EU. Secondly, the paper will discuss the right to withdraw of the European Union granted to Member States. Thirdly, the paper will explain the different steps of the withdrawal according to Art. 50 TEU and develop on the current state of withdrawal of the UK according to Art. 50 TEU. Finally, the conclusion will reiterate the main legal steps lying behind the withdrawal process in order to explain the key aspects of its functioning.

This is a 'future' outlook of what will happen when the Brexit occurs