Britain is not to divorce? The procedure is very difficult
caixinwang· 2016-06-24 18:51:35
in the world said that the Commissioner Hu Xiaoyan from Beijing
British referendum settled, the 382 district vote count showed that 52% effective voted Britain will leave the eu. This result seems to break the EU's expansion has left the world, only into the back of the impression. From the perspective of law and precedent, the EU is not ready for the withdrawal of the United Kingdom?
indeed, for a long time, the EU did not consider the situation in the legal level of Member States to withdraw from the case, until 2003 has changed. According to the European Union has the highest effectiveness of constitutional treaty, the Treaty of Lisbon, the fiftieth provisions, the members of the right to leave the eu. What is the legal procedure for
to leave the EU? First, any member of the country can be decided to leave the EU in accordance with their own laws, this procedure is not restricted by the EU, but the member states need to be informed of the results of the European Council and the European Union to start negotiations. Negotiations are expected to be two years, but if the parties agree, can be extended, and the Lisbon treaty does not require the longest time can be extended to when. But once the negotiations have reached an agreement, the EU treaty will no longer be valid for the member states. There is also a case, is not agreed to extend the time of negotiations in the case of more than two years to negotiate a deadline, the EU law will automatically fail the british. With the British media analysis, the extension of the negotiations need to agree, so the EU member states can even use do not agree with the extension of time, this means, directly to the outcome of the negotiations on the British vote veto". That is, once the collapse in two years after the collapse of the negotiations, the United Kingdom may be forced to accept the conditions imposed by the European union.
however, Kenneth ·, a European Union law professor at University of Cambridge, Armstrong (Armstrong Kenneth), said that such an embarrassing situation may not appear. "To reach an agreement within two years and to avoid the risk of rejection, the possible solution is to reach a similar" Swiss model "(Kuan Song) trade agreement, and many were improved by supplemental bill in the future. However, this approach is unlikely to meet the preferences of the European Union and some of its member states. "
in the European Union, and the withdrawal of European countries from the European treaty need to vote in the European council. First of all, this voting procedure requires the consent of 55% Member States to be executed in principle, that is, in the current 28 EU Member States, 16 members need to agree to the treaty. Second, the 16 member states need to be able to represent 65% of the population of Europe. Only meet these two conditions, from the European treaty parties have legal benefits. Council after the vote, the European Union agreement still need to go to the European Union parliament, to seek the consent of the council.
"; that is to say, even in the United Kingdom within the plot does not appear to reverse Britain from Europe, the UK will become a foregone conclusion, how to leave, but also a way full of variables. In the Council, there is a situation that the minority veto". If there are four EU Member States, and the population reached 35% of the total number of EU, the agreement can be reached. So in a farewell to the mood of the United Kingdom, want to leave the chic, I am afraid it will not be so easy.
in addition, the European Union in its history, has never experienced such as the British from the European event. That is to say, "the Treaty of Lisbon" fiftieth has never really been implemented. After 1962 Algeria withdraw from the EU, as independence from France after the 1979; Greenland is back in Europe due to the change in the legal status of the Danish internal to the referendum decided to leave; and in 2007 the French St Martins Island and St. Barthelemy, as well as for overseas territories, and the French relations change and become special field of the European Union (OCT), loose relations with the eu. But if you look back on these three cases, it is not difficult to find, to a greater extent, they are caused by the "internal affairs" and "part of the territory" far from europe. Like the United Kingdom, to a sovereign state of identity from the European Union, or the first time.
despite the legal procedures, the European Union has made a route to prepare for the UK, but so far, we are unable to determine whether the Treaty of Lisbon, fiftieth will be launched. Despite the referendum results have come out, but there are still legal procedures need to go within the uk. According to the system design in the UK, in theory, Cameron has the power to force people to ignore public opinion, opposition from the European Union, and the fate of events to Parliament vote. In Britain, the parliament has a high sovereign status, so if the majority of members of Parliament to agree to stay in the EU, the United Kingdom will not be on the road leading to the fiftieth. Once the British leave Europe, if you want to join again, will not enjoy any legal procedures on the fast channel. It will be the same as all countries that might want to join the European Union, and it will be a complex and lengthy process.
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