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What Is Article 50?


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    Highlights

  • Article 50 allows any EU member state to withdraw voluntarily in line with its own constitutional requirements
  • The UK was the first to invoke Article 50 following the 2016 Brexit referendum, leading to its exit in 2020
  • The process involves notifying the European Council, negotiating a withdrawal agreement, and a default two-year period for treaties to cease applying
  • Discussions around Article 50 intensified during the 2010-2014 European sovereign debt crisis, particularly regarding Greece's potential expulsion from the eurozone
Table of Contents

What Is Article 50?

Let me explain Article 50 directly to you: it's a clause in the European Union's Lisbon Treaty that lays out the steps for a country to voluntarily leave the EU. When you invoke it, you're starting the official exit process and declaring your intent to depart. The UK was the first to do this after their 2016 referendum where most voters chose to leave.

Key Takeaways

Here's what you need to know: Article 50 is in the Lisbon Treaty and describes voluntary departure from the EU. It says any member state can withdraw according to its own rules. This clause got real attention during the 2010-2014 European debt crisis when Greece's economy was in chaos. And yes, the UK invoked it first after their vote to exit.

How Article 50 Works

Article 50 is embedded in the Lisbon Treaty, signed by all 27 EU members in 2007 and effective from 2009. It spells out the voluntary exit for a member nation. As it states, any state can decide to withdraw per its constitutional requirements.

The process goes like this: The withdrawing state notifies the European Council. Then, guided by the Council, the EU negotiates and concludes a withdrawal agreement with that state, covering exit arrangements and future relations. This follows Article 218(3) of the Treaty on the Functioning of the EU, concluded by the Council with qualified majority after European Parliament consent.

Treaties stop applying to the state when the agreement takes effect or two years after notification, unless extended unanimously by the European Council and the state. The withdrawing state's representatives don't participate in related discussions. Qualified majority is per Article 238(3)(b). If the state wants back in, it follows Article 49 procedures.

Fast Fact

Just so you know, Algeria exited the European Economic Community post-independence from France in 1962, and Greenland left via a special treaty in 1985.

Special Considerations

Article 50 came under scrutiny during the 2010-2014 debt crisis when Greece's economy was collapsing. Leaders thought about kicking Greece out of the eurozone to save the euro and maybe the EU. But Article 50 lacks guidance for forced expulsion, and it wasn't needed just for the eurozone exit. Greece eventually agreed with EU creditors.

Origins of Article 50

The EU started as the European Economic Community in 1957 to build economic ties after World War II, with six founding members: Netherlands, France, Belgium, West Germany, Luxembourg, and Italy. The UK, Denmark, and Ireland joined in 1973. It became the EU via the 1992 Maastricht Treaty, expanding to 15 by 1995 and adding 12 more from 2004-2007, including ex-Communist states.

The Lisbon Treaty aimed to boost efficiency, democracy, and coherence in the EU. Signed in 2007 by 27 states, effective 2009, it has two parts: Treaty on European Union and Treaty on the Functioning of the EU, with 358 articles including 50.

The clause's author, Lord Kerr, didn't think it essential originally. He told the BBC in 2016 that if a country stopped paying and attending, others would notice its absence. He saw it useful for scenarios like a coup, where the EU suspends membership and the dictator might want out, needing a procedure.

Example of Article 50

The UK was the first to invoke it, leaving on January 31, 2020, after the June 23, 2016 referendum where most voted for Brexit. Prime Minister Theresa May triggered it on March 29, 2017.

The process faced delays, extensions, tough negotiations, and blocks from both sides. Parliament rejected May's deals, and Boris Johnson took over after her resignation to restart talks.

Post-Exit Transition

Right after leaving, the UK entered an 11-month transition. No more UK officials in the European Parliament, and they lost veto rights, but a new trade deal was needed. Issues during transition included pensions, law enforcement cooperation, fisheries access, Northern Ireland-Republic of Ireland borders, and trade barriers.

Migration and Trade Deal

A major concern was migration: about three million EU nationals in the UK and one million UK nationals in the EU. They could cross borders during transition but faced visas after.

Negotiations dragged on with stops, but on December 24, 2020, they announced a deal replacing the single market and customs union. The EU-UK Trade and Cooperation Agreement was signed December 30, provisionally effective January 1, ratified in April, and fully in force May 1, 2021.

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