The Lisbon Treaty was drawn up “to improve the efficiency and democratic legitimacy of the Union and to improve the coherence of its action.” The treaty was signed and ratified by all 27 member states in 2007 and came into force in 2009. The treaty is divided into two parts: the Treaty on the European Union (TUE) and the Treaty on the Functioning of the European Union (TFUE). It has a total of 358 articles, including Article 50. Before the BRITISH government referred to Article 50, the UK remained a member of the EU, had to continue to comply with all EU-related treaties, including possible future agreements, and was legally treated as a member. The EU has no framework to exclude the UK – or any member – until Article 50 has been invoked and the UK has not breached EU law. [27] However, if the UNITED Kingdom had significantly violated EU law, there were legal conditions for the UK to leave the EU through Article 7, the so-called “nuclear” option, which allows the EU to terminate its membership of a state that violates the fundamental principles of the EU, a test that is difficult to pass. [29] Article 7 does not authorize the forced termination of membership, but only the denial of rights such as free trade. Freedom of movement and voting rights. In October 2017, lawyer Jessica Simor QC, of the leading London law firm Matrix Chambers, submitted a request to the British Prime Minister for information on the disclosure of legal advice, which states that the UK government may withdraw the Article 50 application at any time before 29 March 2019; It notes that Article 50 only provides for notification of an intention to withdraw and argues that this intention can be changed at any time before effective retraction. [91] At a hearing before a special committee of the House of Lords in March 2016, one of the legal experts (Sir David Edward) said that the German text of Article 50 could be adopted so that the structure of future relations between the UK and the EU had been defined from the moment of withdrawal, which could be considered a wall of the English text.

the state that withdraws, in which the terms of its withdrawal are defined and taking into account the framework of its future relations with the Union.” [22] There are no clear agreements, treaties or precedents that cover the scenario of the break-up of an existing EU Member State in two or more states. The question is whether a successor state is a state that remains a member of the EU and the other a new state that must run again and which must be accepted by all other Member States to remain in the EU, or whether both states retain their EU membership after secession. [47] [48] The United Kingdom has initiated the formal process of withdrawal negotiations by formally indicating to the European Council its intention to leave the EU. On 4 December 2018, the competent Advocate General issued to the ECJ his preliminary opinion that a country could unilaterally cancel its withdrawal from the EU if it wished to do so with a simple announcement before the effective departure. [94] Although not a formal judgment of the Court of Justice, it was considered a good indication of the Tribunal`s final decision. [95] On 10 December, the ECJ decided that a declaration of resignation could be unilaterally revoked, i.e. without the consent of the other EU Member States, provided that the decision to revoke it was taken in accordance with the country`s constitutional procedures. [96] The case now goes to the Court of Session to apply that judgment.

The British government immediately reaffirmed that it had no intention of proposing a revocation. [97] Other EU Member States should face changes to EU budgets, electoral allocations and policies induced by the withdrawal of a Member State. [19] The European Parliament resolution of 5 April 2017 (on negotiations with the United Kingdom, after announcing its intention to withdraw from the European Union) states that “the withdrawal of the notification must be conditional on conditions set by all 27 Member States so as not to be misused or misused to meet the current conditions of the Convention