论文部分内容阅读
根据《欧洲联盟条约》第50条(以下简称“第50条”)的规定,法律上退出欧盟的后果就是,基础条约以及一系列协议附件的不再适用。欧盟法对退出欧盟的成员国的停止适用,当然该成员国就欧盟法在国内的执行进行的转换继续有效,除非该成员国的国内立法机构进行修订或废除。《里斯本条约》生效后,第50条被认为是退出欧盟的法律途径,只是一直未得到运用。英国在公投退出欧盟之后,程序上的何去何从,或许第50条的规定能给予一定启发,但是第50条规定的高度概括性以及模糊性也可能使成员国在退出欧盟之路上面临一定的挑战。
As a result of Article 50 of the Treaty on European Union (hereinafter referred to as “Article 50”), the legal consequence of the withdrawal from the European Union is that the basic treaty and the annexes to a series of agreements no longer apply. EU law ceases to apply to EU member states, and of course, the member states’ conversion of EU law in domestic implementation will remain in force unless the domestic legislature of the member country is amended or repealed. Article 50 of the Treaty of Lisbon came into force after the entry into force of the Treaty of Lisbon as a legal exit from the European Union and has remained unutilized. After the United Kingdom retires from the European Union after the referendum on the EU, where the procedure should go, perhaps the provision of Article 50 can give some enlightenment. However, the high degree of generalization and ambiguity set forth in Article 50 may also cause member countries to face some challenges in withdrawing from the EU.