Providing a Constitutional Framework for Withdrawal From the Eu

Article 59 of the Draft European Constitution

Bibliographic Data

ID9928097
AuthorsJ Friel Raymond (corresponding author)
Year2004
Volume53
Issue2
Pages407-428
Publication date2004-04-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational and Comparative Law Quarterly (JOURNAL)
Journal identifiersISSN: 0020-5893 • E-ISSN: 1471-6895
PublisherCambridge University Press (PUBLISHER • US)
DOI10.1093/iclq/53.2.407
OpenAlexW2062801408
LanguageEN
Citations received1
References cited10

After almost 50 years in existence in a variety of different forms, the EU finally has an express proposal on the table dealing with the potential withdrawal of a Member State. Article 59 of the draft Constitution states that any Member State may now ‘decide to withdraw from the European Union in accordance with its own constitutional requirements’. 1 The Member State would have to formally notify the European Council of this decision. The Council and the Member State would then enter into negotiations on a mutually agreeable basis for withdrawal, including a framework for the future relationship between the EU and the Member State. The results of this negotiation would require approval by a qualified majority of the Council after obtaining the consent of the European Parliament. 2 In any event, withdrawal would occur not later than two years following the notification unless extended by agreement between the Member State and the European Council. 3

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