BREXIT – legal, institutional, administrative, political and economic consequences by conf. univ. dr. Stancu Radu, lect. univ. dr. Viziteu Mădălina

Legal issues

  1. Art. 50 provides that the State concerned shall notify the Council of its intention.

In the absence of notification European Union can not take any action.

  1. Upon notification are two possibilities:
  2. a) under the guidelines of the European Council, the European Union shall negotiate and conclude an agreement to withdraw. The Council adopted a decision authorizing the opening of negotiations.

It shall be concluded on behalf of the Council acting by qualified majority after the approval of Parliament. Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement;

  1. b) The second possibility is that treaties shall cease to apply to the withdrawing State after two years of notification of withdrawal.

Treaty on European Union states that representative of the withdrawing state can not participate in debates nor the decisions of the European Council and the Council.

The outgoing prime minister has already announced that it will not notifying, leaving this procedure to be appointed prime minister.

Art. 50 par. 1 of the Treaty on European Union stipulates that a Member State wishes to withdraw, act in accordance with its constitutional rules. We can not predict whether, under the rules of the United Kingdom that there will be no impediment to invalidate the referendum. Whenever may occur aspects of this nature. An example would be in the Romanian law, in the sense that they were not taken into account the British citizens in the wording of the Commonwealth. It’s an assumption.

Assuming that the referendum is valid, that the effect occurred and notification was produced, consequences are in all areas:

  1. At an institutional level, all the political institutions of the European Union will be reformed European Parliament by a corresponding reduction in the number of members, redistribution or reduce their number of votes in the Council; the rotation of the Presidency of the Council, the United Kingdom is scheduled in 2017; changes in the composition “comitology” changes in the composition of the Commission – the College of Commissioners (besides the British resigned) and general directorates; changes in the composition of the European Council, changing the composition of the Court of Justice of the European Union; Court of Auditors; COREPER; European Economic and Social Committee; relocation of European Union institutions based in the United Kingdom; European Union replacing the London office of a European Commission with  a delegation in London (equivalent of embassies State as the European Union can not have embassies), Europol, Eurojust and the like will have new compositions. Reintroducing borders with the United Kingdom of Great Britain and customs. New procedures on access to foreigners.
  1. Recognition of judgments, cross-border proceedings, judicial cooperation, police and criminal matters; Eurojust, the European Network of Judicial Cooperation.
  2. The fundamental freedoms:

– Free movement of goods – customs; the release of a product in a Member State was sufficient to be marketed in any other Member State; protection of trademarks and appellations of origin; single customs tariff disappears; queues at customs; delayed shipments;

– Free movement of people – work permits for EU citizens in the United Kingdom and vice versa; recognition of diplomas and qualifications; internships recognition of contribution to retirement; other benefits disappear;

– Free movement of services no longer apply; implications for financial services, in particular the City of London; parities free play of the euro / pound; increased costs of bank charges;

– Free movement of capital – restoring barriers to investment, purchases of capital assets, shares, shares.

  1. changes in the structure and distribution of European funds (the example of Cornwall already asked to be compensated in the event that no longer receives support from the European Union);
  2. Renegotiation other treaties with third countries by the United Kingdom because it will not benefit no more of the common commercial policy
  3. British citizens being deprived of the advantages of European citizenship which gives them the right to ask any EU member state embassies to protect their interests;
  4. Intermarriage situation, citizen of the United Kingdom with a citizen of a member state of the European Union;
  5. Reduction of the number of EU officials who must occur among the British (offices, translators, assistants);
  6. Severe implications for tourism;

It’s like a divorce. Each is departing poorer. Medium-term consequences will be comparable to the aftermath of a war. Catastrophic for both sides.

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