Acta Universitatis Danubius. Juridica, Vol 13, No 1 (2017)

Short Legal Study on “British Exit”

Radu Stancu, Andy Corneliu Pusca

Abstract


After waiting nearly 13 years to become member of the European Union (EU), the United Kingdom, by the referendum in June 2016, it wants to be the first country leaving the European construction structures. However, the manner by which it was decided to exit the EU, namely the “referendum” raises many legal constitutional debates within the United Kingdom, even to the admission of the possibility to invoke the vote nullity of the British people. However, the London Government reaffirmed their desire to abandon the European ship. Thus, engaging the technical procedures for negotiating the conclusion of exiting from the EU cannot be sustained for too long. However, the future relationship between the European Union and Britain gives rise to many uncertainties. It puts in question the type of framework agreement which will regulate the cooperation between the EU and the UK. Maybe it will take as a model the existing agreement, such as that between the Union and the Switzerland or Russia, or will it be preferred the agreement “sur mesure” (customized) according to their interests? Also, another question is that of knowing the effects of exiting, in terms of international relations. The European Union is party to various international treaties, the United Kingdom, through its membership, has enjoyed the benefits of these international agreements. Since the Union is no longer serving as interface, should Britain renegotiate bilaterally these treaties? To all these questions we will give an objective answer in this article.

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