[PDF] Reversing A Withdrawal Notification Under Article 50 Teu eBook

Author : Aurel Sari
Publisher :
Page : 32 pages
File Size : 11,32 MB
Release : 2017
Category :
ISBN :

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The purpose of this paper is to determine whether a Member State of the EU may revoke its notice to withdraw from the Union under art.50 TEU. The answer to this question has significant practical implications for Brexit, both domestically and across Europe. While the reversibility of the British withdrawal notification has taken centre stage in the debate on Brexit, the matter has not been assessed in depth. The present paper suggests that interpreting art.50 TEU with reference to art.31 and art.32 of the Vienna Convention on the Law of Treaties permits a more systematic analysis of the subject than what has been offered so far by commentators and the English courts. Based on this analytical framework, the paper reviews the text and context of art.50 TEU, the general scheme of the Treaties, other rules of international law and the relevant preparatory work. All of these elements point in a single direction. Contrary to the position taken by the English courts in Miller, they confirm that a notice to withdraw issued under art.50 TEU is in fact reversible. In the light of these findings, it would be perfectly appropriate for national courts in other Member States, except those against whose decision there is no judicial remedy under national law, to decide that an art.50 TEU notification is revocable without referring the matter to the Court of Justice. However, as only the Court of Justice can provide an authoritative interpretation of art.50 TEU applicable across all Member States, it would be more appropriate, in the interests of legal certainty, if they were to submit this question to the Court of Justice under the preliminary ruling procedure.

Author : Paul A. Eden
Publisher :
Page : 31 pages
File Size : 16,55 MB
Release : 2018
Category :
ISBN :

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This paper considers whether the United Kingdom's notification under Article 50 TEU on 29 March 2017 can be unilaterally revoked. The article also considers the right of states to revoke of unilateral notifications of withdrawal from multilateral treaties more generally due to the fact that the United Kingdom's right to withdraw its Article 50 TEU notification is (at least in part) dependent on an applicable right of withdrawal in customary international law.The paper addresses the applicability of Article 68 the Vienna Convention of the Law of Treaties (VCLT) to the Article 50 TEU unilateral revocation debate paying particular attention to the drafting history of the article as well as the arguments for and against the customary status of any right of unilateral revocation of instruments of withdrawal from multilateral treaties. The article also examines whether Article 50 TEU, by express words or necessary implication, excludes the operation of any alleged customary right to unilaterally revoke an instrument of withdrawal before it takes effect.

Author : Polly Polak
Publisher : BRILL
Page : 322 pages
File Size : 37,8 MB
Release : 2023-08-07
Category : Law
ISBN : 900454609X

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The UK has generally leaned towards intergovernmental rather than supranational relations despite the significant restrictions on their sovereignty that 47 years of EU membership have entailed. These supranational constraints were not only a cause behind their attempt precisely to ‘take back control’ but have also been especially present during the process of Britain’s withdrawal from the Union. Thus, this book brings together the many valuable lessons the British have left us with concerning the legal and procedural constraints that are placed on an EU Member State’s withdrawal and which have also led to a post-Brexit Britain that continues bound by important supranational features that have crossed over from their abandoned membership into their new relationship with the EU.

Author : Manolis Perakis
Publisher : Cambridge Scholars Publishing
Page : 221 pages
File Size : 34,27 MB
Release : 2019-05-03
Category : Law
ISBN : 1527534154

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Today, for the first time in the history of the EU, political and legal scholarship has focused on routes that could lead to the exit of a Member State from the European Union. This book provides a detailed discussion of the legal prerequisites, process and specific issues arising from a Member State’s exit from the EU. This may take the form of a voluntary withdrawal under Article 50 TEU, such as in the case of “Brexit”, or from the Eurozone, as was discussed in the case of Greece. However, it could also occur in the form of a “forced” exit, including expulsion due to an infringement of fundamental rules, or secession—the most relevant example at present being Catalonia. Legal scholars, practitioners and students, as well as political scientists and anyone interested in what the future holds for European integration, will find this book particularly relevant.

Author : Malgosia Fitzmaurice
Publisher : Cambridge University Press
Page : 427 pages
File Size : 15,93 MB
Release : 2020-06-25
Category : Law
ISBN : 1108495885

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The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.

Author : Federico Fabbrini
Publisher : Oxford University Press
Page : 359 pages
File Size : 21,84 MB
Release : 2017-10-13
Category : Law
ISBN : 0192539809

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The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.

Author : Elizabeth Fisher
Publisher : Oxford University Press
Page : 481 pages
File Size : 10,24 MB
Release : 2020-01-30
Category : Law
ISBN : 0192583913

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Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Author : Koen Lenaerts
Publisher : Oxford University Press
Page : 1025 pages
File Size : 13,42 MB
Release : 2022-01-16
Category : Law
ISBN : 0198851596

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This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

Author : Colin Faragher
Publisher : Oxford University Press
Page : 275 pages
File Size : 48,88 MB
Release : 2019-08-08
Category : Law
ISBN : 0192576992

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The Public Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level." - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, Kings College London "- it is a fantastic book. It covers absolutely all topics you need for the course." - Emma McGeorge, law student, Strathclyde University

Author : Michael Dougan
Publisher : Oxford University Press
Page : 401 pages
File Size : 31,59 MB
Release : 2021-09-01
Category : Law
ISBN : 019256997X

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Following a national referendum on 23rd June 2016, the UK announced its intention to end its decades-long membership of the EU, perhaps the most dramatic and important change in national policy since 1945. That decision initiated a process of complex negotiations aimed at making the arrangements required for an "orderly Brexit". The UK's Withdrawal from the EU explores the UK's departure from the EU from a legal perspective: Michael Dougan provides a critical analysis of the final EU-UK Withdrawal Agreement, including explorations of the future protection of citizens' rights, the border between Ireland and Northern Ireland, and the prospects for future EU-UK relations in fields such as trade and security. These explorations also include an analysis of the primary problems that arose during the Brexit negotiation process and various constitutional principles relevant to EU withdrawal law.