Oefenvragen HC10

• There were no provisions for exiting the EU before the Lisbon Treaty, exit was not expected.

Former Exit Example

• Greenland, part of Denmark, exited the EU in 1985.
• It signed a 'special case' withdrawal treaty.
• This regulated fisheries and market access rights.
• A referendum in 1982 led to Greenland's exit with 52% voting to leave.
• This followed home rule gained from Denmark.
• Greenland now has an overseas territory association relationship.

Article 50

• First time included in the Lisbon Treaty
• Withdrawal agreement is outlined
• An agreement on future relationship is made, for example, regulations about border controls.

Historical Context of Brexit

• The UK held a referendum on EU membership in 1975.
• It followed a change in government after accession.
• 67% voted to stay in the Common Market, 33% against.
• The UK had opt-outs and a rebate since the 1980s.
• The UK was never fully comfortable as a member of the EU.
• There was Euroscepticism in politics and media
• Public discourse existed about Britain's place in the world
• There was a rise of UKIP, switch from the Tories to the Eurosceptic ECR
• In 2015, PM Cameron promised to renegotiate during the general elections
• After winning, he held a referendum.
• 51.9% voted to leave.

UK Opt-Outs

• The UK had multiple opt-outs since joining the EU.
• They did not have to adopt the euro.
• They were not part of the Schengen Agreement (free border movement).
• The UK did not implement all rules on social and judicial cooperation.
• The UK wanted prevent certain rules, and wanted opt-outs.
• This allowed the rest of the EU to vote without the UK.
• The EU made the UK's opt-outs to keep the UK in the Union.

Article 50 - Withdrawal from EU

• Any EU member state can decide to withdraw from the Union.
• The state must notify the European Council of its intent.
• The EU will negotiate a withdrawal agreement.
• The withdrawing state cannot participate in EU Council discussions/decisions concerning its withdrawal.
• Rejoining: a state must fulfil the same procedures as any new applicant, as outlined in Article 49.
• Article 49 is joining the EU / Copenhagen criteria

Negotiating Withdrawal

• It takes the form of an intergovernmental conference, so 27 MS meet to form their negotiation guideline.
• Negotiator on behalf of all remaining Member States, with Michel Barnier
• UK minister changed three times, ending with Theresa May
• The Withdrawal Agreement (WA) needs to be adopted by Qualified Majority Voting in the Council and EP to consent
• QMV is why the British attempted to override Ireland by approaching individual Member States
• Conditions of withdrawal are linked to the context of future relationships.
• Therefore, the negotiations were about both the Withdrawal Agreement (first agreement) and the Trade and Cooperation agreement (second agreement).

Problem Issues

• UK desire to conclude its own trade agreements, wanting no customs union.
• UK desire to exit Court of Justice of the EU jurisdiction, wanting no single market/customs union.
• UK desire to make its own laws
• UK desire to limit intra-EU migration, including what about rights of current residents?
• No short-term visa requirements as long as UK grants this to all EU member states.
• Divorce bill: The UK should still pay about €40 billion into the EU budget for commitments made earlier and pension payments to retired British personnel.
• Good Friday Agreement/ Belfast agreement: aimed at ending decades of conflict in Northern Island after intense negotiations between British and Irish governments
• If UK stays aligned to EU regulations then no boarder is necessary, but if not, checks are required
• DUP (part of the government in Northern Ireland, also backing Conservative government in Westminster) does not want Northern Ireland to have a different status than the rest of the UK.