Article 50 Treaty on European Union

This chapter discusses Article 50 of the Treaty on European Union (TEU), which accords each Member State the right to withdraw from the EU in its sole discretion. This right cannot be exercised with immediate effect. Rather, the Treaty provision requires both the Union and its withdrawing Member State to enter into negotiations for at least two years with a view to agreeing on arrangements for the withdrawal and thus mitigating its disruptive impact. While the decision to withdraw is to be taken by each Member State in accordance with its own constitutional rules, the ensuing withdrawal process is governed by EU law. The possibility unilaterally and unconditionally to terminate EU membership illustrates that Member States have not abandoned their unfettered right to national self-determination but merely decided to exercise parts of their sovereignty jointly so long as they consider this to be in their best interest. Therefore, Article 50 serves at the same time as a reminder of the EU’s purpose to serve its Member States and their citizens and that its future existence depends on their continued support. In the context of the UK’s withdrawal from the EU, Article 50 TEU fulfilled its purpose of producing an orderly withdrawal based on a withdrawal agreement negotiated and concluded within the allotted time frame.