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英國根據Art. 50退歐,Art. 50到底是啥?

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這兩天英國退歐絕對是最熱的話題。諸多新聞報道,包括卡梅倫的辭職演說中,我們都多次聽到了Article 50,可是Article 50究竟是啥呢?這才是我這樣的法律人最感興趣的問題。

他們指的其實是Article 50 of the Treaty on European Union(TEU),具體如下:

  1. 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 Councilor 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 If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.

看暈了么?讓小諾我來總結一下:

  1. 想脫你就脫,我們管不著;

  2. 脫了的話我們得好好談談我們的未來了;(這也就是卡梅倫在他的辭職演說中所說的他要做的事)

  3. 談好了你就滾蛋吧,談不好你兩年內就得滾蛋;(想一致同意延期?問問法德同不同意)

  4. 我們私下裡討論你的問題的時候你給我滾一邊去;(卡梅倫門外候著)

  5. 沒錯,退了你還可以再進來。(你把我們當成公交車么?)

europarl.europa.eu/RegD,這是一篇小諾找來的有關Article 50的深度好文(載入時間略長,請耐心等待)。

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