Article 50 of the Treaty on European Union

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The Article 50 of the Treaty on European Union provides for the withdrawal of a Member State of the European Union .

Wording of the provision

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

2. A Member State which decides to withdraw shall notify the European Council of its intention. On the basis of the guidelines of the European Council, the Union negotiates and concludes an agreement with that state on the details of the withdrawal, taking into account the framework for future relations of that state with the Union. The agreement is negotiated under Article 218 (3) of the Treaty on the Functioning of the European Union . It is concluded by the Council on behalf of the Union; the Council decides by qualified majority with the consent of the European Parliament.

(3) The Treaties shall cease to apply to the State concerned from the date on which the Withdrawal Agreement comes into force or, failing this, two years after the notification referred to in paragraph 2, unless the European Council unanimously decides in agreement with the Member State concerned, this period to extend.

(4) For the purposes of paragraphs 2 and 3, the member of the European Council and of the Council representing the withdrawing Member State shall not take part in the deliberations relating to that Member State or in the relevant decision-making of the European Council or the Council. The qualified majority is determined in accordance with Article 238 paragraph 3 letter b of the Treaty on the Functioning of the European Union.

(5) A State which has withdrawn from the Union and wishes to become a member again must apply in accordance with the procedure laid down in Article 49. "

use cases

After the referendum in the United Kingdom in 2016 on the so-called Brexit , the British government announced its intention to leave the European Council on March 29, 2017. This is a precedent as no member state has previously left the EU.

interpretation

The EU treaties do not expressly regulate whether and under what circumstances a member state's declaration of intent to leave can be withdrawn. During the Brexit process, the European Court of Justice decided on December 10, 2018 (Az. C-621/18) how Article 50 should be interpreted in this regard. A member state can unilaterally withdraw its declaration of intent to leave as long as a withdrawal agreement concluded with the Union has not entered into force or, if no withdrawal agreement has been concluded, as long as the period in accordance with paragraph 3 has not expired. The revocation takes place by means of an unambiguous, unconditional, written notification to the European Council after the member state concerned has taken the revocation decision in accordance with its constitutional requirements. With the revocation, the member state confirms its membership under unchanged conditions and ends the withdrawal procedure.

Web links

Individual evidence

  1. ^ Judgment of the Court (Full Court) in Case C-621/18. In: Court of Justice of the European Union. December 10, 2018, accessed December 13, 2018 .