Wymogi konstytucyjne określone w art. 50 ust. 1 TUE – możliwe procedury podjęcia decyzji o wystąpieniu z Unii Europejskiej w państwach członkowskich

Abstract

The vast majority of the literature on the procedure of a Member State’s withdrawal from the European Union concerns the analysis of subsequent stages of the process at the EU level. Researchers rarely resort to internal (national) procedures related to making a decision on the withdrawal from the EU. According to Article 50(1) of the Treaty on European Union, which is the legal basis for a Member State’s withdrawal from the EU “Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”. The term “constitutional requirements” has raised numerous problems of an interpretative nature in the Brexit process. This paper, therefore, addresses the possible procedure for making a decision to withdraw from the European Union in all Member States. The study analyzes national provisions relating to membership in the EU and international organizations in general. Although no Member State, except Poland, regulates the procedure of making a decision to withdraw from the EU directly, legal systems of all Member States include provisions concerning ratification and termination of international agreements.

Keywords

• Brexit
• Member State’s withdrawal from the European Union
• Article 50 TEU