This article aims at analysing the withdrawal procedure in its actual realization. We start by sketching out the negotiation process in which the first ‘red lines’ or ‘core principles’ where outlined. We then examine the scope and nature of those principles and their implementation in the withdrawal agreement. In conclusion, we try to understand how and why it was possible for the EU to impose its objectives and values vis-à-vis a third State. In the case of withdrawal, we argue, this was possible due to a specific form of ‘proceduralization’ that is not enshrined in the Treaties but was created in practice. This contributed to the constitutionalization of the withdrawal right from the Union in the course of the Brexit process.
La costituzionalizzazione della procedura di recesso alla luce della Brexit
Sarah Lattanzi
2020-01-01
Abstract
This article aims at analysing the withdrawal procedure in its actual realization. We start by sketching out the negotiation process in which the first ‘red lines’ or ‘core principles’ where outlined. We then examine the scope and nature of those principles and their implementation in the withdrawal agreement. In conclusion, we try to understand how and why it was possible for the EU to impose its objectives and values vis-à-vis a third State. In the case of withdrawal, we argue, this was possible due to a specific form of ‘proceduralization’ that is not enshrined in the Treaties but was created in practice. This contributed to the constitutionalization of the withdrawal right from the Union in the course of the Brexit process.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.