Article 50 of the Treaty on European Union
Article 50 of the Treaty on European Union (TEU) provides the legal basis for a European Union member state to withdraw from the EU. Here are the key details:
Historical Context
- Introduced by the Treaty of Lisbon, which came into force on December 1, 2009.
- Before this treaty, there was no formal mechanism for a member state to leave the EU.
Content and Procedure
- Notification: A member state wishing to exit the EU must notify the European Council in writing of its intention to withdraw.
- Negotiations: Upon notification, the EU and the member state engage in negotiations to determine the terms of withdrawal, focusing on issues like trade, citizens' rights, and financial obligations.
- Agreement: The agreement must be approved by the European Parliament, and the European Council must decide on it by qualified majority.
- Extension: If both the exiting country and the EU agree, the period for negotiations can be extended.
- Withdrawal Date: If no agreement is reached, the treaties cease to apply to the member state from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification, unless the European Council unanimously decides to extend this period.
Activation of Article 50
- The first time Article 50 was formally invoked was by the United Kingdom following the Brexit referendum in June 2016. The UK officially notified the EU of its intention to leave on March 29, 2017.
- Despite the complexities involved, the EU and the UK reached a withdrawal agreement, which was delayed several times before the UK officially left the EU on January 31, 2020.
Revocation
- Before the withdrawal agreement enters into force or the two-year period expires, a member state can unilaterally revoke the notification, provided this decision is made in accordance with its constitutional requirements.
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