Brexit: what happens next?
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Following the victory for Leave in the EU referendum, Professor Stephen Tierney sets out the next steps in the constitutional process.
Initially nothing: the referendum by itself does not change anything in legal terms. The UK remains a member of the European Union until it concludes negotiations on withdrawal, a process that will take at least two years.
Two-year negotiation: under the Treaty of European Union, states have a specific right to withdraw from the EU. The United Kingdom must go through a process set out by Article 50 of the Treaty. The UK Government will give notice (we don’t know when) to the other European heads of government – the European Council – that the UK intends to leave. The UK will then negotiate the terms of its departure over a two-year period; an extension of this period is possible.
If agreement is reached by the UK and 20 of the other 28 Council members (this is the majority required), then that will be formalised. If negotiations do not conclude in ...
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