Understanding Article 50: The Pathway to Exiting The European Union
Article 50 is a clause in the Lisbon Treaty that outlines the steps for a country to voluntarily leave the European Union (EU). Initiating Article 50 starts the formal exit process and allows nations to declare their intention officially to depart from the EU. The United Kingdom was the first to activate Article 50 after the historic 2016 referendum, where the majority of British voters chose to exit the union.
Key Takeaways
- Article 50, part of the Lisbon Treaty, details the voluntary exit process for any EU member state.
- The clause stipulates: “Any member state may decide to withdraw from the union in accordance with its own constitutional requirements.”
- This provision gained significant attention during the European sovereign debt crisis (2010-2014), particularly concerning Greece’s economic turmoil.
- The United Kingdom first invoked Article 50 following the electorate’s decision to leave the EU in 2016.
How Article 50 Works
Article 50, found within the Lisbon Treaty signed by all 27 EU member states in 2007 and effective from 2009, provides a structured process for any member nation wishing to exit the EU. According to the text:
- A member state can opt to exit the EU according to its constitutional rules.
- The country must notify the European Council of its decision to leave. The EU will then negotiate an exit agreement, reflecting future relations, concluded by a qualified majority after obtaining European Parliament consent.
- The EU treaties cease to apply to the exiting state from the effective date of the withdrawal agreement or two years post-notification (unless an extension is mutually agreed).
- During the discussions and decision-making processes regarding the withdrawal, the exiting state’s representatives may be excluded from relevant EU council or committee meetings.
- Rejoining the EU is subject to the process detailed in Article 49.
Notably, Algeria exited the European Economic Community upon independence from France in 1962, and Greenland left through a special treaty in 1985.
Special Considerations
Article 50 came under intense scrutiny during the European debt crisis (2010-2014), when stakes were high regarding Greece’s economic uncertainty. At a time when leaders contemplated expelling Greece from the eurozone to protect the EU’s integrity, the limitations of Article 50 became clear. The challenge was finding a method to remove a state against its will—a solution for handling a member’s exit from the eurozone versus solely the EU. Ultimately, Greece negotiated terms with EU creditors without leaving the union.
Origins of Article 50
The notion of the European Union originated in 1957 with the creation of the European Economic Community, aimed at fostering post-WWII economic integration among six European countries—Netherlands, France, Belgium, West Germany, Luxembourg, and Italy. The U.K, Denmark, and Ireland joined in 1973. The institution evolved into the EU with the Maastricht Treaty in 1992. Between 2004 and 2007, it expanded to include former Communist states and reached a total of 15 members covering Western Europe by 1995.
The Lisbon Treaty, ratified by all 27 member states in 2007 and effective from 2009, was crafted to enhance the Union’s efficiency, democratic legitimacy, and coherence. The treaty comprises two parts: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), consisting of 358 articles, including Article 50.
Scottish peer Lord Kerr of Kinlochard, one of the article drafters, originally saw it as redundant, considering that non-payment and absenteeism would signal a country’s departure. However, he acknowledged Article 50 could be crucial during coups, enabling a polite, procedural exit request for forthright departures by imposed dictators.
Real-World Application: The UK’s Brexit
The exemplar application of Article 50 was by the United Kingdom, exiting the EU on January 31, 2020. Following a June 2016 referendum favoring Brexit, then-Prime Minister Theresa May invoked Article 50 on March 29, 2017.
The exit process faced numerous challenges, including missed deadlines, negotiations, stumbling blocks, and parliamentary rejections, eventually leading to May’s resignation. Under Prime Minister Boris Johnson’s leadership, the Brexit process saw renewed negotiations.
Immediately upon leaving, the UK entered an 11-month transition period with no UK representation in the European Parliament and loss of veto rights, necessitating a new trade deal. Key unresolved issues included pensions, law enforcement cooperation, fishery access, customs/border controls between Northern Ireland and the Republic of Ireland, and trade tariffs. Additionally, migration between the UK and the EU became subject to new visa requirements.
Ultimately, a new trade deal, the EU-UK Trade and Cooperation Agreement, was reached on December 24, 2020, provisionally effective from January 1, 2021, and fully ratified by May 1, 2021.
Related Terms: Lisbon Treaty, Brexit, European Union, UK Exit, Trade Agreement.
References
- Legislation.gov.uk. “Article 50”.
- UK Parliament. “Leaving the European Union”.
- European Parliament. “The Treaty of Lisbon”.
- Legislation.gov.uk. “Article 50”.
- European Union. “The History of the European Union”.
- European Union Law. “Consolidated Versions of the Treaty on European Union and the Treaty on the Functioning of the European Union”.
- BBC News. “Article 50 Author Lord Kerr Says Brexit Not Inevitable”.
- European Union Law. “Brexit: EU-UK Relationship”.
- AP News. “Explainer: Brexit ends Britons’ right to live and work in EU”.
- European Parliament. “Parliament Formally Approves EU-UK Trade and Cooperation Agreement”.
