Short Legal Study on 'British Exit

• Author: Radu Stancu - Andy Corneliu Pusca
• Position: PhD, Faculty of Law, Danubius University of Galati, Romania - Associate Professor, PhD, Faculty of Law, Danubius University of Galati, Romania
• Pages: 24-38

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 1/2017

24

Short Legal Study on “British Exit”

Radu Stancu

1

, Andy Corneliu Pusca

2

Abstract: After waiting nearly 13 years to become member of the European Union (EU), the United

Kingdom, by the referendum in June 2016, it wants to be the first country leaving the European

construction structures. However, the manner by which it was decided to exit the EU, namely the

“referendum” raises many legal constitutional debates within the United Kingdom, even to the

admission of the possibility to invoke the nullity of the vote of the British people. However, the

London Government reaffirmed their desire to abandon the European ship. Thus, engaging the

technical procedures for negotiating the conclusion of exiting from the EU cannot be sustained for too

long. However, the future relationship between the European Union and Britain gives rise to many

uncertainties. It puts in question the type of framework agreement which will regulate the cooperation

between the EU and the UK. Maybe it will take as a model the existing agree ment, such as that

between the Union and the Switzerland or Russia, or it will be preferred the agreement “sur mesure”

(customized) ac cording to their interests? Also, another question is that of knowing the effects of

exiting, in terms of international relations. The European Union is party to various international

treaties, the United Kingdom, through its membership, has enjoyed the benefits of these international

agreements. Since the Union is no longer serving as interface, should Britain renegotiate bilaterally

these treaties? To all these questions we will give an objective answer in this article.

Keywords: European Union; United Kingdom; international treaties; the London Government; Brexit

“What is an indignant man? A man who says no. “And what is “no”? “This “no”

asserts the existence of a border”. With these questions it began the essay

“L’homme révolté” Albert Camus, Nobel Prize in literature of 1957. (Camus, 1985,

p. 27)

1

PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati

800654, Romania, Tel.: +40372361102, E-mail: radu.stancu@univ-danubius.ro.

2

Associate Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3

Galati Blvd., Galati 800654, Romania, Tel.: +40372361102, Corresponding author: andypusca@univ-

danubius.ro. AUDJ, vol. 13, no. 1/2017, pp. 24-38