Withdrawal from the European Union: A Typology of Effects
| Published date | 01 June 2013 |
| DOI | 10.1177/1023263X1302000204 |
| Author | Phedon Nicolaides |
| Date | 01 June 2013 |
| Subject Matter | Article |
20 MJ 2 (2013) 209
WITHDRAWAL FROM THE EUROPEAN UNION:
A TYPOLOGY OF EFFECTS
P N*
ABSTRACT
is paper examines Article 50 TEU and develops a ty pology of the possible e ects
of the withdrawal of a Member State from the EU. Because Article 50 TEU refers to a
negotiated, post-exit, relat ionship between the withdrawing Member State and the Union,
the typology focuses on the e ects that may be experienced by the withdrawing Member
State. Not all of the identi ed e ects are of equal importance and not all of them must
necessarily materialize . eir occurrence and magnitude will very much depend on the
exit negotiations and the agreed post- exit relationship between that Member State and the
EU. e paper also argues that withdrawal is unlikely to lead to the severing of all link s
wit h the EU or c onfe r re al po licy inde pen denc e to t he wi thdr awin g cou ntry . More ove r, non-
application of EU law will require substantial re-legislation in the withdrawing country.
e withdrawing country i s unlikely to be insulated from developments in EU law.
Keywords: Art icle 50 TEU; negotiations; withdrawal
§1. IN T RODUCT IO N
It used to be thought that membership of the Eu ropean Union was like a traditional
marriage with no possibility for divorce. is state of a airs has changed with the
coming into force of the Treaty of Lisbon on 1December 2009. Member States ca n now
opt for amicable divorce. Art icle50 TEU provides that ‘any Member State may decide to
withdraw from the Union’ on the basis of a negotiated ‘ar rangement’.
* I am gratefu l to Simon Duke and Domi nik Hanf for comments on a prev ious dra .
1 A. Łazowski, ‘How to withdraw from the European Union? Confronting hard reality’, CEPS
Commentary, 16January 2013; A. Łazowsk i, ‘Withdrawal from t he European Union and Alternat ives
to Membership’, 37European Law Review 5 (2012), p.523–540; V. Miller, In Brief: Leaving the Eu ropean
Union (Librar y of the House of Commons, L ondon 2011).
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