Wednesday 4 November 2009

Britain and EU: Cameron’s exit route

What happens if the probable next Conservative government fails to charm the other EU member states into treaty changes further diminishing the United Kingdom’s patchy contribution to the European project?

What happens if the other EU member states decide to grin and bear it, if Britain turns to political blackmail in order to opt out of additional policy areas?

Sooner or later the Tory leaders would have to report back that they have failed. What could they do?

Would they have any alternative but to decide on the UK’s relation with the European Union (with or without a referendum)?

Is this the reason why some brainy anti-Europeans have remained relatively calm, leading David Cameron down the garden path towards an inevitable referendum on withdrawal?


Exit route

A referendum on the Lisbon Treaty is clearly nonsense, and has been for some time, but the Lisbon Treaty clearly says that the European Union is based on voluntary cooperation, by laying down the modalities for secession. Article 50 of the Treaty on European Union tells us that the exit route is free:


Article 50 TEU

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

3. 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.

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.


***


No EUSSR


The European Union is no dictatorship, but a voluntary union of states (but with some democratic elements). No occupying forces, secret police or Gulag camps keep the countries or their citizens subdued.

If Britain, or any other member state, wants to leave, the treaty shows where to find the door. Staying or leaving is a British decision, to be taken under British rules.

Like any organisation, the European Union needs constructive and contributing members. Given Britain’s membership history and future prospects, it might be better if the UK left, for the others to get on with the work.

Does David Cameron really want a painful marathon, when he could head for the exit door today?



Ralf Grahn



P.S. Read interesting Euroblogs on multilingual Bloggingportal.eu.

10 comments:

  1. Ralf Another helpful post, thank you. I have noted elsewhere - but it needs emphasising - that, if Cameron wants a role model revered by UK Tories, then he should look to Mrs Thatcher.

    She worked for the better good of the UK - within the EU (ie as a contributing member). And she did that through debate, rather than table-thumping. The EU as a whole was improved by her efforts.

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  2. French Derek,

    David Cameron has just outlined Tory policy on Europe, predictably, which means initiating negotiations to repatriate some powers (social, employment, justice including ECJ jurisdiction), a parliamentary act on 'sovereignty' and a referendum lock on every new EU competence.

    I wonder how his proposals fare among Conservative grass roots - some are fuming - and when the other EU members have to confront the demands.

    According to the Lisbon Treaty (Article 2(2) TFEU) the member states can again exercise their competence if the EU has decided to cease exercising its competence, but this applies to the union as a whole, while Cameron proposes special treatment for the UK.

    You seem to have a soft spot for Mrs Thatcher; admittedly she approved the Single European Act.

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  3. "The European Union is no dictatorship, but a voluntary union of states (but with some democratic elements). No occupying forces, secret police or Gulag camps keep the countries or their citizens subdued."

    Not yet, anyway. I'm sure you'll get your wish in time, but don't be impatient.

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  4. Hoover,

    Quite the optimist, are you?

    Patience is actually needed for another aim: the establishment of the union on its citizens, i.e. European level democracy.

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  5. Ralf - just a quick response to your remark on my "soft spot for Mrs Thatcher". No "soft spot", I promise. But
    1. the media portrayal of her actions was either how the media wanted their public to be fed the story, or was how politicians wanted their leaks to be reported.

    2. I like to rile europhobes by reporting what I have been assured is the truth about her actions in the EU.

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  6. "Patience is actually needed for another aim: the establishment of the union on its citizens, i.e. European level democracy."

    Well thanks for the frank admission that the EU isn't democratic.

    What did our generation do to your generation to deserve this? Aren't you ashamed of bequeathing younger people such an undemocratic mess?

    Perhaps you feel it'll toughen us up - this fight that we will have to pursue to achieve democracyb in Europe? Very character-building, I'm sure!

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  7. French Derek,

    Thank you for your comment; now as always a pleasure to read them.

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  8. Hoover,

    I see no reason why I should take personal responsibility for the structural weaknesses of the European Union, but as an EU citizen I do my small bit daily in favour of a democratic European Union.

    The more people join the movement for a democratic and effective Europe, the sooner it will become a reality.

    So, please join.

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  9. "I see no reason why I should take personal responsibility for the structural weaknesses of the European Union"

    Like Pontius Pilate!

    And I notice the subtle change from "undemocratic" to the euphemistic "structural weakness". By altering the word for the thing do you hope the thing itself will change? Such an approach has been analysed and exposed by everyone from Havel to Milosz.

    You say we need patience to establish democracy. This is incredible and shocking to my ears. There was NOTHING to prevent Lisbon introducing more democracy in the first place.

    I say "nothing", but in fact that's not accurate. The abilities of the framers and their willingness to introduce democracy were major obstacles. And I noticed no Jeffersons in the constitutional convention.

    You ask me to join the movement for a democratic Europe. I have fought in my little man way for a more democratic EU for years. It's ironic that a cheerleader for Lisbon should now ask me to join "the movement."

    No, my ego and my natural autonomy wants no part of your "movement". Movements repel me - I see the horrors they have achieved in twentieth century history. I'll continue fighting in an atomised way, and continue to be derided by fans of the EU project as a complainer and a destructive element, who brings only negativity. That's the rent I pay to a different ideal to yours.

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  10. Hoover,

    You exaggerate my cheerleading role for the Lisbon Treaty.

    In my view, the Lisbon Treaty enhances the role of the directly elected European Parliament, it is better than the Treaty of Nice and no better basic document was on offer.

    At the same time, the Lisbon Treaty falls short of the democratic standards the European Union and the Council of Europe require of their member states, and the more faithful readers of my blog can hardly have missed my intentions, described above the posts.

    Your previous comments gave no hint about your endeavours for EU level democracy, but I welcome them.

    Let us continue, in our individual manners. When there are enough of us, our leaders will see the sum as a movement.

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