Brexit and Article 50 TEU: A Constitutionalist Reading

47 Pages Posted: 23 Dec 2016  

Piet Eeckhout

University College London - Faculty of Laws

Eleni Frantziou

University of Westminster

Date Written: December 23, 2016

Abstract

This article considers the constitutional requirements and implications of Article 50 TEU for the European Union. It argues that it is essential to read Article 50 in light of the inherently constitutionalist features of the Treaty of which it forms part together with its drafting context, that of the Convention on the Future of Europe, as well as the substantive protections of EU constitutional law. The article demonstrates that substantial constitutional constraints are in place in EU law, which can affect four of the most significant debates in the withdrawal process, namely: the manner in which notification to withdraw from the Union is given; the revocability of a decision to withdraw; and the legal basis of the withdrawal agreement. These debates raise complex matters of EU constitutional law that must be determined in order for the Article 50 process to be conducted in accordance with the joint UK and EU commitment to respect the rule of law.

Keywords: Brexit, Article 50, Withdrawal, Constitutionalism

Suggested Citation

Eeckhout, Piet and Frantziou, Eleni, Brexit and Article 50 TEU: A Constitutionalist Reading (December 23, 2016). Available at SSRN: https://ssrn.com/abstract=2889254 or http://dx.doi.org/10.2139/ssrn.2889254

Piet Eeckhout (Contact Author)

University College London - Faculty of Laws ( email )

London WC1E OEG
United Kingdom

Eleni Frantziou

University of Westminster ( email )

309 Regent Street
London, W1R 8AL
United Kingdom

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