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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.

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