European Union withdrawal
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No European Union (EU) member state has ever chosen to withdraw from the European Union, though some dependent territories or semi-autonomous areas have left. Of these, only Greenland has explicitly voted to leave, departing from the EU's predecessor, the European Economic Community in 1985. The only member state to hold a national referendum on withdrawal was the United Kingdom in 1975, when 67.2% of those voting voted to remain in the then Common Market.
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[edit] Procedure for EU withdrawal
The proposed constitution and the draft Treaty of Lisbon contain explicit provision for the voluntary withdrawal of any member state. However, no EU charters or laws currently in force mention EU withdrawal.
Under the United Nations Charter, all EU member states have agreed that:
- In the event of a conflict between the obligation between Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail. —Article 103
This would mean that the EU cannot prevent a member from leaving, if the state could prove that its membership of the EU conflicts with part of the UN Charter; similarly states are only bound to follow EU law 'so far as they are compatible with existing international arrangements' (Article 37.5, Treaty of Rome). If a state were to wish to leave, it would be up to the European Court of Justice to interpret current treaties as to the member's obligations and conditions of withdrawal [1].
Under the theory of state of exception, it is possible that a national government could suspend all laws in its country, effectively withdrawing from the EU. The French Constitution, for example, contains clauses that allow for its entire suspension; this could suspend the EU laws in a country too. However, this would have to be justified in an extremely exceptional circumstance.[2]
[edit] Territories that have left the EU while remaining part of a member state
Greenland is the only territory to have chosen to leave the EU or its predecessors without also seceding from a member state. It initially voted against joining the EEC when Denmark joined in 1973, but because Denmark as a whole voted to join, Greenland, as a part of Denmark, joined too. When home rule for Greenland began in 1979, it held a new referendum and voted to leave the EEC. After wrangling over fishing rights the territory left the EEC in 1985[3], but remains subject to the EU treaties through the EU Association of Overseas Countries and Territories. This was permitted by the Greenland Treaty, a special treaty signed in 1984 to allow its withdrawal [4].
By precedent, then, if a country wanted to withdraw from the EU it probably could, but special treaties and conditions would needed to be agreed on. This is because of pre-existing commitments that any member state would have towards the EU and its fellow members.
[edit] Territories that have left EU member states
Some former territories of European Union members have left the EU when they seceded from their ruling country. The 1962 secession of French Algeria, which was an integral part of France and hence of the then-European Economic Community, was the only such occasion on which a territory subject to the Treaty of Rome has seceded. Most of territories - East Timor, Hong Kong and Macau - were not classed as part of the EU and EC laws were not in force in these countries. Thus, their secession was not a big deal for the union and not withdrawal from it.
[edit] The 1975 United Kingdom European Communities membership referendum
See United Kingdom European Communities membership referendum, 1975 for full article.
In 1975 the United Kingdom held a referendum in which the electorate was asked whether the UK should remain in the then European Economic Community (EEC), commonly referred to as the Common Market. The UK had joined the EEC on 1 January 1973 under a Conservative government. The general election held in February 1974 was won by the Labour party, who had made a manifesto commitment to renegotiate Britain's terms of membership of the EEC and then hold a referendum on whether to remain in the EEC on the new terms.
All of the major political parties and mainstream press supported continuing membership of the EEC. However, there were significant splits within the ruling Labour party, the membership of which had voted 2:1 in favour of withdrawal at a one day party conference on 26 April 1975. Since the cabinet was split between strongly pro-Europeans and strongly anti-Europeans, the Prime Minister, Harold Wilson, made the decision, unprecedented outside coalition government, to suspend the constitutional convention of Cabinet collective responsibility and allowed ministers to publicly campaign against each other. In total, seven of the twenty-three members of the cabinet opposed EEC membership.
On 5 June 1975, the electorate were asked to vote yes or no on the question: '"Do you think the UK should stay in the European Community (Common Market)?" Every administrative county in the UK had a majority of "Yes", except the Shetland Islands and Western Isles.
Yes votes | Yes votes (%) | No votes | No (%) | Turnout (%) |
17,378,581 | 67.2 | 8,470,073 | 32.8 | 64.5 |
In line with the outcome of the vote, the United Kingdom remained within the EEC and later the EU.
[edit] Nations likely to withdraw
It is very unlikely that any current members will withdraw from the EU. However, the northern European states of Denmark, Sweden, and the United Kingdom are seen as the most eurosceptic. Unlike some smaller or poorer states, rather than rely on subsidies from the EU they pay very large amounts of money in, they have fewer cultural/economic ties with other EU states and none has any plans to adopt the euro.
The United Kingdom Independence Party (UKIP)], the fourth biggest political party in the United Kingdom which promotes EU withdrawal, has never been able to find majority support for a withdrawal referendum.[5] In Sweden, calls for withdrawal have come from a few individuals, rather than any groups.[6]
[edit] References
- ^ Article on EU withdrawal
- ^ Agamben, Giorgio; Attel, Kevin (trans); 2005; State of Exception; University of Chicago Press
- ^ New York Times story from 1985 on Greenland's EEC departure
- ^ European law mentioning Greenland Treaty
- ^ UKIP's 48% survey, their highest figure for a withdrawal referendum
- ^ Swedish minister calls for EU withdrawal