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Prime Minister David Cameron carried the voices of the proEU supporters on the fight for UK to stay in the EU. EU supporters
claim that UK gets a big boost from membership in the EU. Selling
goods and services with other EU countries are easier, and the flow
of immigrants fuels economic growth. Also, being a member harbors
greater security against uncertain future events that might lead to
economic downfall rather than standing alone.
Business analysts speculates that the Brexit would benefit
the UK economy, in a way, that it would allow UK to make trade
negotiations as a country and not merely as part of the 28 EU
states. On the other hand, although matters are yet uncertain, the
break-away of UK from the EU could damage trade relations with
other EU member leading to an inter-state silence. There is that
possibility that EU will make decapitating terms in the withdrawal
agreements so as not to encourage other member states to break
away from the union. In effect, UK will be put in a more stressful
environment then it was when it was a member. Although some
analysts speculate that such an event would be off-setted when UK
establishes trade relations with other countries other than the EU.
Laws to be observed
In order for the Brits to leave the EU, it has to invoke Article
50 of the Lisbon Treaty1. It is through such invocation will then set
in motion the formal legal process of withdrawing from the EU, and
1 Article 50 of the Lisbon Treaty1. Any Member State may decide to withdraw from the Union
in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention. In
the light of the guidelines provided by the European Council, the Union shall negotiate and conclude
an agreement with that State, setting out the arrangements for its withdrawal, taking account of the
framework for its future relationship with the Union. That agreement shall be negotiated in
accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be
concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the
consent of the European Parliament.
3. The Treaties shall cease to apply to the State in question from the date of entry into force of the
withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2,
unless the European Council, in agreement with the Member State concerned, unanimously decides
to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council
representing the withdrawing Member State shall not participate in the discussions of the European
Council or Council or in decisions concerning it.
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the
Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the
procedure referred to in Article 49.
give the UK two years to negotiate its withdrawal. But, as the law
demands, the EU law still stands in the UK until the date of entry of
such withdrawal agreement although it can no longer take part in
any decision-making.
Then there is the question what if UK decides to rejoin the EU, will
it be accepted? This is a matter best resolved through politics,
Article 50 with reference to Article 49 2 of the Lisbon Treaty suggests
that UK would have to start from scratch with no rebate, and enter
accession talks with the EU. Furthermore, the law provides that the
agreement has to be ratified by all contracting States of the EU,
other leaders might not be too generous towards any UK demands.
ECHR decisions still binding despite exit
The European Court of Human Rights (ECHR) in Strasbourg,
France is not a European Union institution nor is it related with the
Court of Justice of the European Union (CJEU). It is rather a supranational or international court set up by the Council of Europe, in
accordance with Article 19 of the European Convention of Human
Rights which charges the Court with ensuring the observance of the
engagement undertaken by the contracting states in relation to the
Convention and its protocols. Hence, membership in the EU does
not in any way affect the binding decisions of the court.
Article 49 of the Lisbon TreatyAny European State which respects the values referred to in
Article 2 and is committed to promoting them may apply to become a member of the Union. The
European Parliament and national Parliaments shall be notified of this application. The applicant
State shall address its application to the Council, which shall act unanimously after consulting the
Commission and after receiving the assent of the European Parliament, which shall act by an
absolute majority of its component members. The conditions of admission and the adjustments to
the Treaties on which the Union is founded, which such admission entails, shall be the subject of an
agreement between the Member States and the applicant State. This agreement shall be submitted
for ratification by all the contracting States in accordance with their respective constitutional
requirements. The conditions of eligibility agreed upon by the European Council shall be taken into
account.
Investment
Brian Wheeler and Alex Hunt, The UKs EU Referendum: All you need to Know, BBC
News (June 24, 2016), http://www.bbc.com/news/uk-politics-32810887
EU Referendum: What are the Pros and Cons of Brexit?, The Week (June 27, 2016),
http://www.theweek.co.uk/brexit-0
5
Id.
Immigration
Under EU law, Britain cannot prevent anyone from another
member state coming to live in the country, while Brits benefit from
an equivalent right to live and work anywhere else in the EU. The
result has been a huge increase in immigration into Britain,
particularly from eastern and southern Europe.
According to the Office for National Statistics, there are
942,000 eastern Europeans, Romanians and Bulgarians working in
the UK, along with 791,000 western Europeans and 2.93m workers
from outside the EU. China and India are the biggest source of
foreign workers in the UK6.
6
Conclusion
In every situation, there is always two sides of a coin. Both the
Brexit supporters and the EU supporters present an equally
persuasive argument on the consequences of UKs breaking away
from the EU. But my personal take on the situation is tilted to the
Brexit side.
In the short run, UK might momentarily have a hard time with
trade relations with its former mates in the EU but such do not
pose a grave danger to its economy. UK has profoundly established
a name for itself on its own stand without the benefit of the EU.
History would tell us that UK was never really in need to join a
union in order to rebuild its economy from the damages of war, in
fact UK didnt even loose the war in the first place, UKs motive to
Wheeler, supra
join the EU was to expand trade relations under the single market
system.
Seeing that UKs intention of joining the EU to expand its
economic base is rather undermined by the rules and regulations of
the Union itself, UK is at best to leave EU and expand its base
globally.