EXITING THE EU: PRE - AND POST-LISBON

Lilla Nora Kiss
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Lilla Nora Kiss: PhD. Student, Faculty of Law, University of Miskolc, HUNGARY.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2018, vol. 74, 13-26

Abstract: Brexit highlights the significance of Article 50 TEU which regulates the unilateral withdrawal of a member state. This paper aims to analyze the issue of a member state’s withdrawal of the European Union, having regard to the situation before the Lisbon Treaty when the Community law did not regulate this option, and after the introduction of the so-called withdrawal clause to European Union Law. This means that pre-Lisbon legal era did not contain any opportunities for a member state to decide about its exit. Thus international law could fill this gap. As article 50 TEU established the legal framework for the exit, the United Kingdom’s withdrawal (the so-called Brexit) is going to proceed on the base of it. In this paper I compare the pre- and post-Lisbon way of the withdrawal using the example of Greenland as a previous solution, and the United Kingdom’s case, as an ongoing one.

Keywords: Brexit; withdrawal of a member state; article 50 TEU; Greenland’s withdrawal of EC (search for similar items in EconPapers)
JEL-codes: K4 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:pmu:cjurid:v:74:y:2018:p:13-26

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