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SSRN Electronic Journal
Article . 2016 . Peer-reviewed
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Reversing a Withdrawal Notification under Article 50 TEU: Can the Member States Change Their Mind?

Authors: Sari, A;

Reversing a Withdrawal Notification under Article 50 TEU: Can the Member States Change Their Mind?

Abstract

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 Article 50 TEU. The answer to this question has significant legal and political implications for the relationship between the Member States and the EU. More urgently, it also has significant practical implications for the withdrawal of the UK from the Union. While the reversibility of the UK’s impending notice to leave has taken centre stage in the debate on Brexit, the matter has not been assessed in depth. The present paper offers a systematic analysis of Article 50 TEU based on the applicable rules of interpretation. It demonstrates that the text and context of Article 50 TEU, the general scheme of the Treaties, other rules of international law and the relevant preparatory work all confirm that a notice to withdraw is in fact reversible. The Supreme Court should therefore revisit and overrule the High Court’s decision on this point in Miller. Since a systematic interpretation of Article 50 TEU leaves no scope for reasonable doubt about its meaning, the Supreme Court may do so without having to refer the question to the Court of Justice of the European Union.

Country
United Kingdom
Related Organizations
Keywords

340, 341, Member States, Withdrawal, EU law, Brexit, Parliamentary sovereignty, Prerogative powers

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
bronze
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Fields of Science
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