A Lame Duck for a Member State? Thoughts on the UK’s Position in the EU after the Brexit Vote

von Tobias Lock

In theory things are pretty straightforward when it comes to the UK’s position in the EU after the vote to leave the EU of 23 June. The UK is still a Member State and therefore enjoys all the privileges of EU membership and must fulfil all the obligations that come with it. Importantly, according to Article 4 (2) TEU the Union must treat all Member States equally. After all, Article 50 TEU makes it clear that the Treaties only cease to apply with the entry into force of the withdrawal agreement or after two years from notification if no agreement is reached. The only case in which the departing Member State may be treated differently are discussions and decisions of the European Council and the Council concerning the withdrawal process itself (see Article 50 (4)). The way things have unfolded over the last couple of days seem to show, however, that only in theory there is no difference between practice and theory.

The UK is now a Lame Duck Member State

It is useful, perhaps, to distinguish the period between the leave vote in the referendum before formal notification under Article 50 is given and the period from notification to a UK withdrawal taking effect.

Even though that notification has not yet been given, the European Council met on 29 June without UK participation. Of course, the European Council’s lawyers were careful and made sure that this was an ‘informal’ meeting. This is evidenced by the fact that the European Council’s statement did not feature its letterhead. Nonetheless, it can be found on the European Council’s website and the meeting took place using the EU’s infrastructure. This is a first piece of evidence that the UK is now a lame duck Member State, still formally part of the club but with one foot out of the door.

A further sign of this came from Jean-Claude Juncker in the European Parliament after the Brexit vote when he asked Nigel Farage: ‘Why are you here?’ ...

Zum vollständigen Artikel

Jean-Claude Juncker to Nigel Farage: 'Why are you here?'

Why are you here, Jean-Claude Juncker asks Nigel Farage in EU parliament. Subscribe to Guardian Wires ► http://bit.ly/guardianwiressub European Commission president Jean-Claude Juncker asks British MEPs why they amepsre still attending the European parliament. With Nigel Farage sitting next to him, Juncker was speaking at an emergency session in Brussels on Tuesday to discuss what happens after Britain’s EU referendum. Photograph: John Thys/AFP/Getty Images ------------------------------------------- The Guardian ► http://is.gd/guardianyt Guardian Football ► http://is.gd/guardianfootball Guardian Music ► http://is.gd/guardianYTmusic Guardian Australia ► http://is.gd/guardianaustralia Guardian Tech ► http://is.gd/guardiantech Guardian Culture ► http://is.gd/guardianculture Guardian Food ► http://is.gd/guardianfood Watch Me Date ► http://is.gd/watchmedate

Cookies helfen bei der Bereitstellung unserer Dienste. Durch die Nutzung erklären Sie sich mit der Cookie-Setzung einverstanden. Mehr OK