The process for withdrawing from the European Union Essay
The process for withdrawing from the European Union, 492 words essay example
Essay Topic: european union, process
Article 50 provides Member States with a framework of mere pointers on how to withdraw from the EU. Since no country, excluding Greenland*, has exited the EU to date, and an explicit clause allowing for withdrawal from the EU has only been recently added*, an aura of uncertainty lingers over the thought of an exit.
So what exactly does article 50 illustrate? It is a three step formula, commencing with an obligation on the Member State in question to formally notify the European Council of its intentions. The European Council then moves to issue guidelines for negotiations that are likely to define the future relationship between the exiting Member State and the EU. The second stage of the process constitutes a recommendation by the European Commission to the Council of Ministers to actually open up negotiations with the Member State. Thirdly, the Council then requests the consent of the European Parliament. The Council must conclude negotiations with the departing State by super qualified majority, since the European Commission plays a minimal role in the exit process*. Finally, the remaining Member States must move to ratify treaty changes as a result of the departure. A narrow time frame is also explicitly outlined. If negotiations aren't concluded within a period of two years, from formal notice of the intention to leave being given, the Member State is automatically removed from the EU and treaties cease to apply. If the Member State wishes to re-join, they must repeat the arduous entry process set out in article 49 TEU.
The instructions appear to cease there. In comparison to article 49, the 'entry' clause, article 50 is quite basic*. Upon leaving the EU, a Member State must commence vast re-legislation in the areas that were formerly governed by EU law. An exasperating prospect for most legislatures, and also one that is not expressly stipulated in article 50. It tells us that a State is permitted to re-join the EU, however is it possible to actually withdraw an application to leave the EU? This again, is not set out in the article itself. It fails to highlight the substantive conditions that can result in a Member State exercising its right to withdraw. Furthermore, invoking article 50 is akin to embarking on a long, uncertain voyage through unchartered territory. This is at the forefront of Nicolaides' critical examination of the topic, and one that David Cameron seems to be intent on outlining ahead of the referendum in June*. Looking to the entry process, a practice concerning accession has been clearly established, therefore an exit truly would be a "leap into the dark"*.
All three articles highlight a growing body of unanswered questions casting a shadow over the exit process. Although a procedure is set down by the article, are its provisions extensive enough to cover all aspects of such a complex transition? In reality, the answer is no, however we can only know for sure after a country has actually completed that leap into the unknown.