Brexit/Procedure
BREXIT PROCEDURE |
The procedure for a Member State to withdraw from the European Union is set out in Article 50 of the Treaty on European Union. The Member State has to formally notify the European Council and start a negotiation period of up to two years. After this period the European treaties cease to apply, although a leaving agreement may be agreed. Aspects such as trade may be difficult to negotiate until the UK has left the EU.[1] |
After the referendumThe 2016 Referendum Act did not specifically state that Article 50 had to be invoked.[2] However, the Government expected that a leave vote would be followed by withdrawal,[3][4] but no contingency plans were drawn up for a leave vote.[5] Following the referendum result David Cameron resigned and said that it would be for the incoming Prime Minister to invoke Article 50.[6][7] |
Miller caseIn January 2017, the Supreme Court ruled in R (Miller and Dos Santos) v Secretary of State for Exiting the European Union that Parliamentary approval was necessary before triggering Article 50.[8] Question: Do you think the Government needed Parliamentary approval to invoke Article 50? |
Article 50 BillThe House of Commons overwhelmingly voted, on 1 February 2017, in favour of the Bill to invoke Article 50,[9] it passed into law as the European Union (Notification of Withdrawal) Act 2017. Theresa May signed the letter invoking Article 50 on 28 March 2017, which was delivered on 29 March to Donald Tusk, the President of the European Council, thereby triggering the negotiation period.[10] |
Divorce billThere have been suggestions that the UK might have to pay a "divorce bill" of up to £52bn, although the European Union Committee of the House of Lords reported on 4 March 2017 that the UK could withdraw without payment if there is no post-Brexit deal.[11] Question: Why might the UK have to pay to leave? |
NegotiationsSubsequently President Tusk sent draft guidelines for the negotiations to EU delegations from the 27 other member states (EU27), setting out the overall positions and principles that the Union will pursue. The overall objective will be to preserve the interests of the EU, those of its Member States, its citizens and its businesses, and, in the best interest of both sides, the Union will be constructive throughout and strive to find an agreement. Negotiations are likely to be delayed until after the snap UK general election, which takes place on 8 June 2017. |