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The Law & Politics of Brexit$
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Federico Fabbrini

Print publication date: 2017

Print ISBN-13: 9780198811763

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198811763.001.0001

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The Process: Brexit and the Anatomy of Article 50

The Process: Brexit and the Anatomy of Article 50

(p.49) 3 The Process: Brexit and the Anatomy of Article 50
The Law & Politics of Brexit

Paul Craig

Oxford University Press

The chapter offers a holistic legal analysis of the treaty provision regulating withdrawal from the EU. Craig examines Article 50 TEU and maintains that the process of exit from the EU should be divided into three stages, each of which raises major substantive and procedural questions. Stage 1 is the triggering of Article 50 TEU. Stage 2 concerns the withdrawal negotiations, and stage 3 relates to the outcome of the negotiations. As Craig explains, each stage poses specific challenges both for the EU and for the UK, and there are legal questions that have been—and will have to be—answered along the way. According to Craig, however, politics will heavily shape the law, with both the EU and the UK seeking to leverage specific legal argument in support of their preferred bargaining position.

Keywords:   Brexit, process, law, EU treaties, UK constitution, Parliament, courts, government, withdrawal, notification

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