How to trigger an Article 50 notification?
Nicolas Petit
![Nicolas Petit]()
Nicolas Petit
Professor of Competition Law and Head of Law Department at European University Institute
There is a legal remedy to trigger an Article 50 notification by the UK.
Pursuant to Article 7(1) and (2) of the Treaty, the European Council can determine that there is a serious and persistent breach of the values referred to in Article 2, and in particular of the "respect for ... democracy".
In turn, under Article 7(3), the Council, acting by qualified majority, can "suspend" certain of the rights and benefits that the UK enjoys under the EU Treaties.
And the suspension shall last for as long as the UK government violates the democratic command of its people.
This is bold, true.
But this should bring the tories to live up to their promises.
Retired
8 年Nicholas, you provide an exemple of legal chicanery leading nowhere. Brexit referendum is a real issue for both the EU and the UK, we all are in need of a viable solution, not of chicanery.
Retired
8 年This is a disastrous example of legal chicanery leading nowhere.
EU and UK Competition / Antitrust Partner at Arnold & Porter
8 年Nicholas, I have my doubts on the ability to use Art 7 in combination with Art 2 to suspend membership just because HM Government doesn't immediately (or at all) trigger the Art. 50 mechanism. The referendum was explicitly advisory, not mandatory and Article 50 states that member states need to follow their own constitutional requirements. Given the unwritten and nebulous nature of the U.K.'s constitution, we can have a strong debate on what those constitutional requirements are: can the PM on its own serve notice or does he or she need a vote in Parliament? What is the role of the devolved Governments? Much politics will need to happen and maybe some legal wrangling before the courts. And of course this is already unfolding. The Scottish First Minister is in Brussels today putting forward the case of a nation resolutely and proudly voting to Remain and Scottish MEP Alyn Smith made his voice heard in the European Parliament yesterday.
General Counsel |Company Secretary at nami.ai # Legal 500 General Counsel Powerlist (Benelux 2023) #AI #AIOT #WomenLeaderinSTEM #AntiTrust #Innovation #DisruptiveTechnology #Teal Management
8 年Conor totally agree - fantastic tactics. She is such a brilliant politician! More delay the better. What happens if there is a big quarrel between husband and wife? Lots of huffing and puffing and then time passes and then you realise you really can't do without each other (not in call cases, but in lots of quarrels). Time is the best friend i have found in any dispute resolution to simmer down emotions and get everyone to be rational human beings again.
Brussels Matters - senior level EU law discussions
8 年Thanks again, Julie. Of course, Angela Merkel's much-derided "procrastination" in allowing the UK a "reasonable time" to invoke Article 50 could be yet another clever way of allowing the MPs who would vote on any Act triggering Article 50 all the time they need for the irreversible consequences of Brexit to sink in. Add to that the new mantra of "no notification, no negotiation" reiterated ad nauseam in Brussels tonight and the gun pointing at UK Inc's head is looking increasingly menacing.....