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    Chatham House Brexit Primer

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    Vlad-Ștefan Nechita
    The document discusses Article 50 of the Treaty on European Union, which outlines the process for a member state to withdraw from the EU. It examines issues like the constitutional requirements for triggering Article 50, the roles of EU and UK institutions in negotiating a withdrawal, and implications for UK and devolved governments after Brexit.

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    Chatham House Brexit Primer

    Uploaded by

    Vlad-Ștefan Nechita
    11 views15 pages
    The document discusses Article 50 of the Treaty on European Union, which outlines the process for a member state to withdraw from the EU. It examines issues like the constitutional requirements for triggering Article 50, the roles of EU and UK institutions in negotiating a withdrawal, and implications for UK and devolved governments after Brexit.

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    The document discusses Article 50 of the Treaty on European Union, which outlines the process for a member state to withdraw from the EU. It examines issues like the constitutional requirements for triggering Article 50, the roles of EU and UK institutions in negotiating a withdrawal, and implications for UK and devolved governments after Brexit.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    11 views15 pages

    Chatham House Brexit Primer

    Uploaded by

    Vlad-Ștefan Nechita
    The document discusses Article 50 of the Treaty on European Union, which outlines the process for a member state to withdraw from the EU. It examines issues like the constitutional requirements for triggering Article 50, the roles of EU and UK institutions in negotiating a withdrawal, and implications for UK and devolved governments after Brexit.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 15

    Chatham House Primer:

    Professor Sionaidh Douglas-Scott


    Phony War?
    The Referendum
    Treaty of Lisbon:
    Article 50 and its invocation
    Article 50(1):
    ‘Any Member State may decide to withdraw from the Union in
    accordance with its own constitutional requirements’

    • WHAT ARE ‘CONSTITUTIONAL REQUIREMENTS’?


    POSSIBILITIES:

    1. Decision by PM under prerogative or


    2. Constitutional Convention requires
    parliamentary deliberation before notification or
    3. Decision not by PM but Act of Parliament or
    4. Must also consult/get consent of devolved
    governments

    CAN OTHER STATES TRIGGER PROCESS?


    What happens once triggered?
    Article 50(2):
    ‘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)
    TFEU.’

    The roles of the UK Parliament and EU institutions


    Can Art 50 be stopped once triggered?
    What can and can’t be negotiated?
    • SHOULD UK JOIN EEA TO REMAIN IN SINGLE
    MARKET?
    • Legal security for exports from the UK to EU (and
    vice versa).
    • Could be quick, reducing uncertainty, UK already
    part of EEA, and arguably no process to join it.
    • Would leave UK free to sign own trade deals
    with other countries.
    • UK not be bound by CCT, CAP, CFP or VAT policy.
    EEA doesn’t cover foreign policy or criminal law,
    although UK could make separate deal on those
    issues
    • EEA covers most EU laws on workers’ rights and
    environment
    • EEA membership only option to guarantee
    financial services similar access to IM as under
    EU.
    Or WTO as default?
    Immigration, refugee and asylum obligations

    • Acquired rights?
    • Non EU Asylum and
    migration
    • ECHR protection
    Approving the final deal
    What happens if there is no agreement
    after two years?
    UK constitutional implications of Brexit:

    The European Communities Act (ECA) 1972


    Gateway of EU law into UK law. Incorporates EU law (UK dualist). Has to be repealed. ECA
    1972, s 2:
    ‘[a]ll such rights, powers, liabilities, obligations and restrictions from time to time created or
    arising by or under the Treaties…are without further enactment to be given legal effect or used
    in the United Kingdom’

    Disentangling UK and EU law: In addition to ECA repeal, 3 different types of law to consider:
    a). Directly applicable EU laws - EU regulations and parts EU treaties
    b). Secondly, Statutes which implement EU directives or other obligations.
    c). Thirdly, numerous UK regulations made under s.2(2) ECA 1972 to implement directives.

    Implications for Devolution


    - Good Friday agreement
    - EU law incorporated into devolution statutes:
    s. 29(2)(d) Scotland Act 1998, ASPs incompatible with EU law are ‘not law’. Sewel Convention.
    - E&W leave EU and Scotland and Northern Ireland remain? Greenland precedent?
    Article 50

    • 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

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