European Journal of Law Reform

Article

European Membership Clauses and Constitutional Hurdles to Withdrawal

Keywords constitutional hurdle to withdrawal, constitutional amendment, EU post-Brexit, EU membership clauses, constituent decisions, withdrawal from the EU
Authors Ylenia Maria Citino
Author's information

Ylenia Maria Citino
Ylenia Maria Citino is a Post-Doctoral Research Fellow in Public Law at Luiss Guido Carli.
  • Abstract

      Considering the interpretation of Article 50 TEU provided in the aftermath of Brexit, this article delves into the steps required as a matter of domestic constitutional law before the procedure of withdrawing from the European Union can commence. It examines the question of whether the Member States could trigger the exit process by a simple majority decision through ordinary law or whether it is necessary to go through constitutional reform. This research assumes that countries equipped with European membership clauses can proceed to notify their intention to withdraw only after repealing such clauses through a constitutional amendment. The Italian example is analysed in depth to provide concrete evidence.

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