Debate: Assessment of the implementation of Article  TEU
Date: MONDAY, 14 FEBRUARY 2022
Speaker: Danuta Maria Hübner
Country: Germany
Language: EN

We were strongly convinced that the withdrawal of the UK without an agreement would have dramatic negative consequences, and we felt responsible for ensuring the accomplishment of this process in the best interests of the Union and its citizens. The cross—cutting legal dimension of the whole process with Article 50 as its core was fundamental. This is an implementation report that specifically looks at one article and assesses its operation from the constitutional and institutional perspective, informing the plenary how Article 50 of the Treaty on European Union was implemented in the framework of EU law as a whole. First and foremost, I would like to thank everybody who, in the course of the work on this report, helped preserve the institutional memory of the process of implementing Article 50: the shadows and opinion-givers, but also all colleagues of AFCO, both in the previous and current legislatures; the AFCO Secretariat, all those who provided scholarly input and the Parliamentary Legal Service. The report assesses the way the provisions of Article 50 were interpreted and applied and the way procedures of the withdrawal were organised and conducted under those provisions. The implementation of Article 50 allowed to draw lessons for and reflect on the constitutional order and institutional organisation of the Union. As an exit clause, Article 50 provides rules allowing the withdrawal to take place within the EU legal order, protects fundamentals of the integration process and preserves the interests of the Union. And this test, the article has passed successfully. Its implementation allowed to set out the terms for orderly withdrawal and for disentangling the UK from rights and obligations undertaken as a Member State. The implementation of the article required, however, additional tools to be deployed, going beyond the letter of the article, leading to an active role played by politics. Indeed, Article 50 deals with a confluence of the constitutional and institutional aspects of the process and the role of political constraints. This political component played an important role in protecting the rights of millions of EU citizens in the UK and UK nationals in the EU, and taking into account the special circumstances confronting the island of Ireland. The main guiding political documents were an outcome of high-quality and responsible cooperation between European institutions. Acting in the interest of the Union, they identified core constitutional principles for the process, enriching the EU constitutional identity. During the implementation of Article 50, those principles played the role the Copenhagen Criteria play in case of enlargement, which is protecting EU interests. In short, the core principles ensured that, while changing its membership, the Union could preserve constitutional integrity and autonomy of decision-making. Article 50, supported by Article 218, proved to be an empowering legal provision. Let me can conclude, pointing to the fact that Article 50 involves, as well, the preparation of the post-exit relationship. It implies that negotiated orderly withdrawal gives a chance for a post—exit voluntary partnership. So Article 50, one can say, in combination with Article 8, can provide an integration-friendly outcome.