BREXIT: To trigger or not to trigger the Article 50 of the Treaty on the EU ?

On June 23, 2016, took place the referendum, in which the British people decided to leave the European Union by 51.9% to 48%. Prime Minister David Cameron immediately announced his resignation and his actual departure within 3 months.

At the European Council of May 28, 2016, he reiterated that the decision to trigger Article 50 of the Treaty on European Union (in force since 2009) would be taken by his successor.

REMINDER Article 50 provides that:

• « A Member State may decide in accordance with its constitutional requirements to withdraw from the European Union ».
• The withdrawal must be voluntary and unilateral.
• The withdrawal is suject to a specific timeframe: “ The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period”.

Currently, the conditions of travel, work and residence remain UNCHANGED for British citizens within the European Union and for EU citizens and non-European in the UK.

If Article 50 of the Treaty on European Union is invoked, negotiations will officially start.

As of today, many hypothesizes are brought to the debate: early elections, second referendum, Parliament veto…

Until the end of the summer, the use of the « withdrawal clause » by the United Kingdom, is uncertain.