Acceso usuarios
Oliver Garner
Following “Brexit day” on 31 January 2020, the question arises whether art.50 TEU fulfilled its dual objective, that is to create a sovereign right of withdrawal within an orderly process. Numerous deficiencies can be identified from the Brexit case-study. The overarching malaise is art.50’s insufficient framing within “supranational constitutionalism”. The clause is imbalanced towards the perspective of public international law. By contrast, this article presents an individual-centric reading of art.50 TEU. This perspective is then utilised to propose seven reforms to the withdrawal clause. The purpose is to empower individuals as democratic subjects in disintegration, and to ameliorate the dramatic consequences of withdrawal in their role as objects of the EU legal order.
