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Essential EU Law in Charts, ISBN 978-963-258-241-2

The Development of European Integration
Chart 2 | 25a

Additional Chart: Withdrawal from the Union
Topic:
A Member State may decide to withdraw from the European Union.

Art. 50 TEU on withdrawal from the Union
(introduced through the Lisbon revision)

Issues to be considered by a Member State contemplating withdrawal

Internal decision making on
withdrawal

Arrangements with the Union
for the withdrawal

Art. 50(1) TEU:
Decision to withdraw from the
Union in accordance with the
Member State’s own
constitutional requirements

Art. 50(2)-(4) TEU:
Negotiation and conclusion of
the withdrawal agreement
following the procedural rules
under Union law, keeping in
mind the legal effects of
withdrawal
• There is no guarantee under
Art. 50 TEU of a withdrawal
agreement.
• Withdrawal may also take
effect without such an
agreement.

See Chart 2/25b

See Chart 2/25b, Chart 2/25c

Framework for the future
relationship with the Union
Not regulated in Art. 50 TEU but
referred to in Art. 50(2) TEU:
„To be taken account of“ when
negotiating and concluding the
withdrawal agreement; see
Chart 2/25b
• There is no guarantee under
Art. 50 TEU of a suitable
alternative arrangement.
• In principle the future
framework for the relationship
of the State in question with
the Union is to be defined
separately, possibly (but not
necessarily) through an
agreement.
See Chart 2/25d

Simultaneous negotiation
In particular from the perspective of the withdrawing Member State,
ideally the withdrawal agreement and the framework for the future
relationship with the Union are negotiated together.

Notes:
• So far, practical experience with Art. 50 TEU is lacking.
• Following the advisory referendum on EU membership of 23 June 2016, the UK is expected to become the first ever
Member State to withdraw; see Chart 2/25b.

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Essential EU Law in Charts, ISBN 978-963-258-241-2

The Development of European Integration
Chart 2 | 25b

Additional Chart: Withdrawal procedure
Topic:
Article 50 TEU defines the withdrawal procedure.

Art. 50 TEU: withdrawal procedure

National decision to withdraw, Art. 50(1) TEU
„Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.“
E.g. UK as of 2016:
• Advisory referendum vote of 23 June 2016: 48,1% Remain to 51,9% Leave („Brexit“).
• It was disputed whether the decision to withdraw, and the right to trigger the EU procedure, is for the UK
Government alone or for the UK Parliament and the devolved assemblies of Scotland, Wales and Northern
Ireland. This was decided by the UK Supreme Court in Miller (2017): „Where implementation of a referendum
result requires a change in the law […], and statute has not provided for that change, the change must be
made […] through [UK] Parliamentary legislation.“

Withdrawal procedure on the level of the EU, Art. 50(2)-(4) TEU

Notification

Negotiation

Member State wishing to withdraw notifies the
European Council of its intentions.

Negotiation of the withdrawal agreement in accordance with
Art. 218(3) TFEU:
• Arrangements for withdrawal,
• Taking account of the framework for the future relationship
withdrawing State – Union; see Chart 2/25d.
After two years

No

Has political
agreement on the withdrawal agreement
been reached?
Yes

Conclusion
Conclusion of the withdrawal agreement:
European Parliament consents to negotiation result.
Conclusion on behalf of the Union by the Council (of
Ministers), acting by a qualified majority, defined in
accordance with Art. 238(3)(b) TFEU.

Withdrawal without a withdrawal agreement

Withdrawal with a withdrawal agreement

The Union Treaties cease to apply to the State
in question in principle two years after notification (extension is possible); see Chart 2/25c.

The Union Treaties cease to apply to the State in question
from the date of entry into force of the withdrawal agreement,
in accordance with this agreement; see Chart 2/25c.

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Essential EU Law in Charts, ISBN 978-963-258-241-2

The Development of European Integration
Chart 2 | 25c

Additional Chart: Effects of withdrawal
Topic:
The withdrawal of a Member State from the European Union has far-reaching legal effects.

Far-reaching legal effects of a withdrawal from the European Union

Legal starting point, Art. 50(3)TEU
„The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal
agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European
Council, in agreement with the Member State concerned, unanimously decides to extend this period.“
Notes:
• This implies amendments to Art. 52 TEU (list of Member States) and Art. 355 TFEU (territorial scope of the
Treaties).
• The State in question might still be mentioned in the preambles of the TEU and/or the TFEU, which refer to
the Member States that signed the original Treaties. A footnote might state the withdrawal.

Consequences of no longer being a Member State: examples

With respect to the Union’s means and specific objectives, Art. 3(2)-(5) TEU

Area of freedom, security
and justice

Internal market

Economic and
Monetary Union

Relations with the wider
world

E.g.: if it participated in
these sub-fields, the State
in question is no longer
part of the Schengen and
Dublin systems.

The State in question
no longer belongs to
the Union’s internal
market.

E.g.: if it had adopted
the euro, the State in
question can no longer
be a member of the
Eurozone.

E.g.: treaties concluded by
the Union will no longer
apply to the State in
question. The State can/must
conclude its own treaties.

With respect to EU citizenship, Arts. 20 and 21 TFEU
The citizens of the State in question are no longer Union citizens, nor do they enjoy the rights based on that
status (e.g. free movement, in particular for those who are not economically active, equal treatment in relation
to social assistance, political participation).

Possibilities to address such issues on the level of the EU
See Chart 2/25d

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The Development of European Integration
Chart 2 | 25d

Additional Chart: Addressing issues raised by the withdrawal
Topic:

To some extent, the legal effects of a withdrawal from the European Union may be mitigated through the withdrawal
agreement and/or an alternative arrangement for the future relations between the State in question and the Union.

Possibilities to address the legal effects of a withdrawal from the Union

Three main avenues on the level of the EU

Through the withdrawal agreement

Through an alternative arrangement for
post-membership relations

Through
rejoining the Union

May address certain effects through e.g.:
• Transitional rules;
• The protection of acquired rights, e.g.
of citizens having exercised Union
rights before the withdrawal of the
State in question (maintenance of
residence rights etc.).

Various possibilities in theory, notably:
• EFTA and EEA membership (‚Norway
model‘);
• Customs union (‚Turkey model‘);
• Sectoral agreements (‚Switzerland
model‘);
• Free trade and investment agreement of
the modern type (‚Canada model‘);
• No special arrangement, WTO law only
(‚Hong Kong model‘).

Mentioned in Art.
50(5) TEU, though
politically perhaps
unlikely:

Note:
Protection of acquired rights is not
guaranteed through Art. 50 TEU,
different from e.g. Art. 23 of the EUSwiss Agreement on the free
movement of persons.

Compare e.g. the UK Government report
„Alternatives to Membership: possible models
for the United Kingdom outside the European
Union“ (May 2016)

„If a State which has
withdrawn from the
Union asks to rejoin,
its request shall be
subject to the
procedure referred to
in Article 49.“

Potential challenges,
if based on EU market access rules
(see Council conclusions on a homogeneous
extended single market, 2014)
Substance

Institutional framework

Will an agreement providing for
partial market access be possible?

What will be the rules on updating
and interpreting the agreement as
well as on international supervision
and dispute settlement?

E.g. UK: internal market minus full
free movement of persons?

Compare Switzerland: current
negotiations on these issues

Notes:
There may also be arrangements outside the EU, including e.g.:
• National rules on the immigration into the State in question;
• Conclusion of treaties with other states (though in the case of EU Member States only insofar as the EU does not
enjoy an exclusive competence in the field in question; see Chart 4/2, Chart 4/7).

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