European Union withdrawal
Encyclopedia
Withdrawal from the European Union is a right of European Union
(EU) member states
under TEU Article 50: "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements." No state has ever withdrawn, though some dependent territories
or semi-autonomous areas have left. Of these, only Greenland
has explicitly voted to leave, departing from the EU's predecessor, the European Economic Community
(EEC), in 1985. No member state has ever held a national referendum on withdrawal from the European Union
, though in 1975 the United Kingdom
held a national referendum on withdrawal from its predecessor, the EEC; 67.2% of voters chose to remain in the Community.
of its intention to secede from the Union and a withdrawal agreement would be negotiated between the Union and that State. The Treaties
would cease to be applicable to that State from the date of the agreement or, failing that, within two years of the notification unless the State and the Council both agree to extend this period. The agreement is concluded on behalf of the Union by the Council and shall set out the arrangements for withdrawal, including a framework for the State's future relationship with the Union. The agreement is to be approved by the Council, acting by qualified majority
, after obtaining the consent of the European Parliament
. A former Member State seeking to rejoin the European Union would be subject to the same conditions as any other applicant country.
This system gives a negotiated withdrawal, due to the complexities of leaving the EU (particularly concerning the euro
). However it does include in it a strong implication of a unilateral right to withdraw. This is through the fact the state would decide "in accordance with its own constitutional requirements" and that the end of the treaties' application in said state is not dependent on any agreement being reached (it would occur after two years regardless).
or law of the EU outlined the ability of a state to voluntarily withdraw from the EU. The European Constitution did propose such a provision and, after the failure to ratify it, that provision was then included in the Lisbon Treaty. The absence of such a provision made withdrawal technically difficult (as, to a certain extent, it still is) but not impossible.
Legally there were two interpretations in that environment of whether a state could leave. The first, that sovereign states have a right to withdraw from their international commitments; and the second, the treaties are for an unlimited period, with no provision for withdrawal and calling for an "ever closer union" - such commitment to unification is incompatible with a unilateral withdrawal. The Vienna Convention on the Law of Treaties
states where a party wants to withdraw from a treaty that is silent on secession, there are only two cases where withdrawal is allowed: where all parties recognise an informal right to do so and where the situation has changes so drastically, that the obligations of a signatory have been radically transformed.
There are a number of reasons why no provision was included earlier in the treaties. Firstly, such a provision would cast doubt on the signatories' to the Union. Second, providing for the eventuality might have increased its likelihood. Third, setting out the procedures and consequences of withdrawal would be incredibly complex. However the legal argument precludes the political reality. Despite there being no secession provisions, no member state protested the threatened withdrawal of the UK in 1975 or the departure of Greenland in 1982. One commentator observed that "if a Member State were determined to withdraw, the EEC
has no sanctions that can be applied to compel lawful compliance with the Treaty. Thus, from this point of view, it really is of no consequence whether a legal right of withdrawal exists."
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) member states
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
under TEU Article 50: "Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements." No state has ever withdrawn, though some dependent territories
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
or semi-autonomous areas have left. Of these, only Greenland
Greenland
Greenland is an autonomous country within the Kingdom of Denmark, located between the Arctic and Atlantic Oceans, east of the Canadian Arctic Archipelago. Though physiographically a part of the continent of North America, Greenland has been politically and culturally associated with Europe for...
has explicitly voted to leave, departing from the EU's predecessor, the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
(EEC), in 1985. No member state has ever held a national referendum on withdrawal from the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, though in 1975 the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
held a national referendum on withdrawal from its predecessor, the EEC; 67.2% of voters chose to remain in the Community.
Procedure
The Treaty of Lisbon introduced an exit clause for members who wish to withdraw from the Union. Under TEU Article 50, a Member State would notify the European CouncilEuropean Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
of its intention to secede from the Union and a withdrawal agreement would be negotiated between the Union and that State. The Treaties
Treaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
would cease to be applicable to that State from the date of the agreement or, failing that, within two years of the notification unless the State and the Council both agree to extend this period. The agreement is concluded on behalf of the Union by the Council and shall set out the arrangements for withdrawal, including a framework for the State's future relationship with the Union. The agreement is to be approved by the Council, acting by qualified majority
Voting in the Council of the European Union
The procedures for voting in the Council of the European Union are described in the treaties of the European Union. The Council of the European Union has had its voting procedure amended by subsequent treaties and currently operates on a system brought forth by the Treaty of Nice...
, after obtaining the consent of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
. A former Member State seeking to rejoin the European Union would be subject to the same conditions as any other applicant country.
This system gives a negotiated withdrawal, due to the complexities of leaving the EU (particularly concerning the euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
). However it does include in it a strong implication of a unilateral right to withdraw. This is through the fact the state would decide "in accordance with its own constitutional requirements" and that the end of the treaties' application in said state is not dependent on any agreement being reached (it would occur after two years regardless).
Pre-Lisbon situation
Before the Treaty of Lisbon entered into force on 1 December 2009 no provision in the treatiesTreaties of the European Union
The Treaties of the European Union are a set of international treaties between the European Union member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives...
or law of the EU outlined the ability of a state to voluntarily withdraw from the EU. The European Constitution did propose such a provision and, after the failure to ratify it, that provision was then included in the Lisbon Treaty. The absence of such a provision made withdrawal technically difficult (as, to a certain extent, it still is) but not impossible.
Legally there were two interpretations in that environment of whether a state could leave. The first, that sovereign states have a right to withdraw from their international commitments; and the second, the treaties are for an unlimited period, with no provision for withdrawal and calling for an "ever closer union" - such commitment to unification is incompatible with a unilateral withdrawal. The Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
states where a party wants to withdraw from a treaty that is silent on secession, there are only two cases where withdrawal is allowed: where all parties recognise an informal right to do so and where the situation has changes so drastically, that the obligations of a signatory have been radically transformed.
There are a number of reasons why no provision was included earlier in the treaties. Firstly, such a provision would cast doubt on the signatories' to the Union. Second, providing for the eventuality might have increased its likelihood. Third, setting out the procedures and consequences of withdrawal would be incredibly complex. However the legal argument precludes the political reality. Despite there being no secession provisions, no member state protested the threatened withdrawal of the UK in 1975 or the departure of Greenland in 1982. One commentator observed that "if a Member State were determined to withdraw, the EEC
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
has no sanctions that can be applied to compel lawful compliance with the Treaty. Thus, from this point of view, it really is of no consequence whether a legal right of withdrawal exists."