After the Brexit referendum in 23 June 2016 both the EU and the UK were led to a political turmoil on account of the winning of the Leave campaign. This article is intentionally descriptive in a sense that it tries to find out, what has actually happened and what will happen next. The withdrawal from the EU is described in Article 50 TEU. The withdrawal procedure should be triggered by the UK Government, but in accordance with the constitutional requirements of the UK. It seems to be controversial, whether the Government can trigger the Article 50 procedure simply by relying on a royal prerogative or whether an active role of the UK Parliament is needed. This controversy partly explains the delay to launch the withdrawal of the UK. Another plausible reason is more political and relates to the obscurity of the political will. The UK has to decide, what it tries to achieve in the negotiations for the future relationship with the EU. In this article a few models have been mentioned, but they are all purely speculative at the moment. This is the background for the conclusion that the position of the UK is still unclear and therefore it is too early to make any accurate statements as regards the topic. However, one can point out that the EU27 will proceed to negotiate with China in the framework of a comprehensive EU-China Investment Agreement regardless of the Brexit.
|Name||Helsinki Legal Studies Research Paper|
|Publisher||University of Helsinki, Faculty of Law|