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The object of this study is the withdrawal from the European Union governed by the art. 50 of the European Union Treaty, moving from the perspective that the legislation structure leaves to the practice the solution of various questions. Even though this regulation recognizes the unilateral right of withdrawal, it also considers a following stage of negotiation whose outcome is not necessary for the validity of the withdrawal. It is not a coincidence that this choice is procedural. Indeed, as well known, the issue of the withdrawal of a State member form the eu, has always had a double interpretation before the expressed disposition of the art. 50. In this contest, this study tries to highlight how this interpretative tension is well present in the legislation structure, outlining a phase called termination act, connected to another phase called termination procedure. Secondly, the attention has focused on some strictly procedural profiles in relation to the possibility or not to revoke the notification. In the end, the study focused on some of the main effects of the withdrawal, and it analyzed the practice in fieri derived from uk’s choice, and on the impact of this choice on the current phase of the integration process.
pagine: 28-48
DOI: 10.4399/97888255089322
data pubblicazione: Gennaio 2018
editore: Aracne