What Business Office For The European Parliament Nether Article L Teu?

Darren Harvey, PhD Candidate inward Law, Darwin College, Cambridge

Introduction

Last week, Alyn Smith MEP for Scotland received a standing ovation from the European Parliament next a passionate oral communication inward which he expressed the wishing for Scotland to stay inside the European identify unit of measurement of nations: link here.

This similar a shot brings to hear a farther facial expression of the scrap surrounding the UK’s seat regarding the Article 50 TEU withdrawal procedure which, to my hear at least, has non been given amount consideration to date; namely, the postulate for consent of the European Parliament earlier whatsoever withdrawal understanding may last completed.

The relevant paragraph of Article 50 reads equally follows:

2. H5N1 Member State which decides to withdraw shall notify the European Council of its intention. In the lite of the guidelines provided past times the European Council, the Union shall negotiate as well as conclude an understanding amongst that State, setting out the arrangements for its withdrawal, taking trouble concern human relationship of the framework for its futurity human relationship amongst the Union. That understanding shall last negotiated inward accordance amongst Article 218(3) of the Treaty on the Functioning of the European Union. It shall last concluded on behalf of the Union past times the Council, acting past times a qualified majority, later obtaining the consent of the European Parliament.

Leaving to 1 side the enquiry of how the Article 50 procedure may last triggered inward accordance amongst the UK’s domestic constitutional requirements (under Article 50(1)), it is clear from Article 50(3) TEU that 1 time notification to withdraw has been made, the Treaties shall cease to apply to the State inward enquiry from the appointment of entry into strength of the withdrawal understanding or, failing that, 2 years later the notification referred to inward paragraph 2. In other words, the two-year clock starts ticking from the 2d notification is made past times the Great Britain of its intention to leave of absence the EU, unless of course of written report the European Council votes unanimously amongst the Great Britain to extend this period, or the Great Britain withdraws the notification (if that is fifty-fifty possible; Article 50 is soundless on this point).

This agency that, should no bargain last reached inside the two-year current as well as should no unanimous understanding last reached inward the European Council to extend the negotiations (a distinct possibility inward my view), it is clear that the UK’s membership of the European Union would simply come upwardly to an end.

However, inward the effect that a bargain is reached, non exclusively volition its entry into strength last subject upon a qualified bulk vote inward favour inward the Council, but also, as well as crucially, prior to such a vote taking place, the consent of the European Parliament is outset required.

This raises 2 questions: first, how does the European Parliament give or withhold its consent? And second, what happens if that consent is non forthcoming?

Giving Consent

Turning to the outset of these questions, the default decision-making dominion for the European Parliament is laid downward inward Article 231 TFEU which provides: ‘Save equally otherwise provided inward the Treaties, the European Parliament shall human activity past times a bulk of the votes cast. The Rules of Procedure shall determine the quorum.’ According to Rule 168(2) of the European Parliament’s Rules of Procedure ‘A quorum shall be when 1 3rd of the element Members of Parliament are introduce inward the Chamber.’

Given that Article 50 TEU is soundless on this issue, the default dominion inward Article 231 TFEU would look to apply. However, Article 82 of the European Parliament’s Rules of Procedure, entitled “Withdrawal Agreements” provides: ‘If a Member State decides, pursuant to Article 50 of the Treaty on European Union, to withdraw from the Union, the affair shall last referred to the commission responsible. Rule 81 shall apply mutatis mutandis. Parliament shall create upwardly one's hear on consent to an understanding on the withdrawal past times a bulk of the votes cast.’

It hence appears to last the illustration that the default quorum rules inward Article 168(2) Rules of Procedure apply. This agency that, should the amount European Parliamentary sleeping room vote on the UK’s withdrawal understanding (which seems likely), a elementary bulk of votes cast shall determine the Parliament’s position.

However, dissimilar the dominion for accession treaties laid downward inward Article 49 TEU which requires Parliamentary consent past times a bulk of its element members: i.e. a number of votes greater than 1 one-half of the European Parliament’s amount number of MEPs; Article 50 TEU simply requires a bulk vote of at to the lowest degree 1 3rd of the amount number of MEPs.

In other words, provided that to a greater extent than than 1 3rd of the amount members of the European Parliament plow upwardly to vote on whatsoever futurity withdrawal agreement, a elementary bulk of votes cast shall last sufficient to determine the European Parliament’s position.

Withholding Consent

What happens if the European Parliament withholds its consent from the UK’s withdrawal agreement? According to Article 50(2) TEU the respond appears clear: without European Parliament’s consent, at that spot tin last no motion to a qualified bulk vote inward the Council as well as thus the withdrawal understanding cannot last concluded. Should this consent last withheld for the duration of the two-year current running from the 2d the Great Britain signals its intention to withdraw, it seems that the Great Britain would 1 time over again last facing the prospect of having its European Union membership come upwardly to an destination without a deal.

Alternatively, should a bargain last reached inside the two-year current but the European Parliament signals its intention to withhold consent, it is conceivable that this may prompt a motion to extend the negotiating current via a unanimous vote of the European Council and, inward as well as so doing, mayhap supply the European Parliament reach to have got unopen to input into the gist of the withdrawal agreement.

In lite of this, the role of the European Parliament is non to last taken lightly inward the months as well as years that follow - non to the lowest degree because national governments volition have got much less command over their MEPs than their representatives inward the European Council as well as the Council.

Furthermore, whereas Article 50 (4) TEU makes it clear that for the purposes of Article 50 (2) as well as 50 (3) the fellow member of the European Council or of the Council representing the withdrawing Member State shall non participate inward the discussions of the European Council or Council or inward decisions concerning it, nix is said near the MEPs of the withdrawing state. Will the UK’s MEPs last involved inward the vote to give consent to the withdrawal understanding prior to moving to Qualified Majority Voting inward the Council?

To my hear this brings an additional as well as equally yet largely unexplored enquiry to the tabular array regarding the role that Scotland (and mayhap Northern Ireland) tin play inward the Article 50 withdrawal process. Whilst it may non last possible equally a affair of Great Britain domestic police clitoris for the devolved governments to block Brexit (see Mark Elliott’s post), at that spot would look to last reach for Scottish as well as Irish Gaelic MEPs to laid out edifice alliances across the European Parliament to withhold consent from whatsoever futurity withdrawal understanding lest their interests last protected. The non bad adventure amongst this, of course, is that the European Parliament withholds consent, no extension to the negotiations is agreed inward the European Council, as well as Scotland, amongst the remainder of the UK, leaves the European Union amongst nothing.

The higher upwardly is of course of written report speculative inward nature as well as much negotiating lies ahead earlier nosotros laid out to ready upwardly a clearer painting demo of what whatsoever futurity UK-EU human relationship volition hold off like. Following terminal week’s standing ovation inward the European Parliament for a MEP who is a fellow member of the Scottish National Party, however, the European Parliament may yet essay to last a fundamental role musician inward how that futurity human relationship takes shape.

Photo credit: euractiv.com

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