Brexit as a prospective precedent of Article 50 TEU application
Journal Title: Альманах міжнародного права - Year 2017, Vol 17, Issue
Abstract
Undeniably, the process of UK withdrawal from the EU (Brexit) is among the key interests of the world scientific community. Being a subject for research and broad discussions in various fields, Brexit makes a tremendous relevance for those scholars who are involved in research of European integration and EU law. A detailed legal analysis of the content and procedures for the application of the relevant provisions of the TEU, which regulate the conditions and procedures for the state’s withdrawal from the EU and should be applied to the situation of Brexit, is of great importance both from the theoretical and practical aspects. It has been determined that, despite the existence of various legal mechanisms for leaving the EU, the provisions of Article 50 TEU are legally and de facto the basis for any EU member state wishing to withdraw. The article examines the application of Article 50 of the TEU in the context of Brexit. The legal basis for Brexit’s launch – an official notification from the British government that was sent to the European Council after a series of legal procedures was analyzed. The question of the state’s recall of such notification is researched. Attention is paid to the negotiation on withdrawal from the EU, the terms and subject of negotiations, as well as the procedure for concluding a special withdrawal agreement. The analysis of the main features and legal force of the withdrawal agreement so as the issue of its entry into force and legal consequences is made. Conclusions regarding the main controversial issues of the withdrawal procedure and the expediency of further research in this field are made.
Authors and Affiliations
В. В. ЯКОВЛЄВ
Keywords
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