The future of Article 50: Implications from the Wightman case

Josifovic, Ivica (2019) The future of Article 50: Implications from the Wightman case. 5th International Scientific Conference Ohrid School of Law 2019 (10). pp. 123-139. ISSN 978-608-66152


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Based on the results from June’s 2016 referendum on the issue of withdrawal of the UK from the EU, known as Brexit, on 29th of March 2017 the UK triggered article 50 of the Treaty on European Union (TEU), thus starting the two year process in which the EU and UK should determine the conditions for UK’s withdrawal from the Union. On 14th of November 2018, as a result of Brexit negotiations, an agreement between the EU member-states and the UK was endorsed on the withdrawal of the UK from the EU, but the process that should have ended on 29th of March 2019 was moved for 31st of October 2019, due to failure in its ratification in the UK’s Parliament. Meanwhile and simultaneously with the negotiations and the withdrawal procedure, another procedure takes place in the background and it is central for this paper.Without explaining the Brexit procedure, the paper elaborates the preliminary ruling procedure according article 267 of the Treaty on Functioning of the European Union (TFEU) in the Wightman case and the possibility of revoking the notification for withdrawal from the EU according article 50 of the TEU. Therefore, besides the case facts that triggered the preliminary ruling procedure before the Court of Justice of the European Union (CJEU), the paper elaborates the significance of the question referred tothe Court, for which the Advocate General delivered its opinion and the Court delivered its judgment. Key words: Wightman, Court of Justice, Article 50, Judgment

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Ivica Josifovik
Date Deposited: 21 Jan 2020 14:05
Last Modified: 21 Jan 2020 14:05

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