Resumen de Bona Fide and Revocation of Withdrawal: How Article 50 TEU Handles the Potential Abuse of a Unilateral Revocation of Withdrawal

Daniel Benrath

• One of the major unsolved issues regarding art.50 TEU is the permissibility of unilateral revocation of withdrawal. In this context, the potential of abuse of a unilateral revocation, especially by revoking and then re-notifying, is of great concern. This concern leads some commentators to deny unilateral revocability and other voices to demand bona fide as a condition for unilateral revocation. A closer inspection of art.50 TEU in its systematic context reveals that, despite the lack of explicit and clear rules, art.50 TEU provides a nuanced procedure for revocation and re-notification. This procedure safeguards a broad discretion in handling the declarations of the Member State in question and secures the interest of the EU as well as the rights of the other Member States. Thus, the potential for abuse is vastly mitigated and there is no need for general bona fide constraints or even refusing the permissibility of unilateral revocation for this reason.