The Withdrawal Cannot Be Withdrawn : The Irrevocability of a Withdrawal Notification under Article 50(2) TEU

• Autores: Patrick Ostendorf
• Localización: European law review, ISSN 0307-5400, Nº 5, 2017, págs. 767-776
• Idioma: inglés
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• Resumen

  • Though the view is widely shared that a Member State can unilaterally revoke its notification of withdrawal from the EU under art.50(2) TEU, both an analysis of this provision in accordance with classical methods of interpretation, as well as a comparative legal analysis in the light of public international law and domestic private contract laws, seem to indicate otherwise. Contrary to widespread allegations, the denial of a (unilateral) right of revocation will also not produce untenable or absurd results; rather, a sound balancing of the interests of the affected parties presupposes that a withdrawal notification can only be revoked if all Member States give their consent to this course of action.