Exiting the European Union : legal procedure, dimensions and implications /
Today, for the first time in the history of the EU, political and legal scholarship has focused on routes that could lead to the exit of a Member State from the European Union. This book provides a detailed discussion of the legal prerequisites, process and specific issues arising from a Member Stat...
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| Format: | Electronic eBook |
| Language: | English |
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Newcastle upon Tyne :
Cambridge Scholars Publishing,
2019.
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| Subjects: | |
| Online Access: | CONNECT |
Table of Contents:
- Intro; Table of Contents; Acknowledgments; Introduction; I. Purpose of the book; II. Research methodology and diagram; List of Abbreviations; Part I: The Voluntary Withdrawal from the EU; I. History; 1. Previous theories concerning the right to withdraw; 2. The Constitution for Europe; II. Article 50 TEU; 1. The decision to withdraw; 1.i. The right to decide; 1.ii. The decision's procedure; 2. The withdrawal's notification; 2.i. Form and type; 2.ii. Legal effects; 2.iii. Revocation; 2.iii.a. Preliminary remarks and the Wightman case; 2.iii.b. The provision's wording
- 2.iii.c. The provision's objective and spirit2.iii.d. The autonomy of the EU legal order; 2.iii.e. The theory on the application of the VCLT; 3. The withdrawal agreement; 3.i. Preliminary remarks; 3.ii. Purpose and content of the agreement; 3.iii. The negotiations for the withdrawal agreement; 3.iv. The conclusion and the legal nature of the agreement; 3.v. Request for an Opinion under article 218(11) TFEU; 3.vi. The duty of good faith and sincere cooperation during the transition; 4. Exodus: the procedure's completion; 4.i. The time point of the withdrawal
- 4.ii. The withdrawal's legal consequences5. The aftermath of the withdrawal; 5.i. The return of the "prodigal son"; 5.ii. The new relations' legal framework; 5.ii.a. The World Trade Organisation (WTO); 5.ii.b. The Customs Union; 5.ii.c. The European Free Trade Area (EFTA); 5.ii.d. The Swiss Model; 5.ii.e. The European Economic Area (EEA); Part II: The Question of Forced Withdrawal; I. The Possibility of de Jure Forced Withdrawal; 1. Preliminary remarks; 2. Article 7 TEU; 2.i. The mechanism for safeguarding the EU fundamental values; 2.ii. Application of the Article 7 TEU mechanism
- 2.iii. Expulsion due to economic insubordination?2.iv. Concluding remarks; II. The Possibility of de Facto Forced Withdrawal; 1. Withdrawal from the Eurozone; 1.i. The right to withdraw from the Eurozone ... ; 1.ii. ... while staying in the Union?; 1.iii. The ECB's role during the process of a Member State in the Eurozone withdrawing from the Union; 2. Secession from an EU Member State; 2.i. Preliminary remarks; 2.ii. The stance taken by EU institutions; 2.iii. The legality of the secession and independence process under EU law
- 2.iv. The newly independent State's relations with the EU and the application of EU lawEpilogue; Appendixes; Appendix I; Appendix II; Appendix III; Appendix IVa; Appendix IVb; Appendix V; Appendix VI; Select Bibliography; Books; Articles and Chapters; Index
