2022Articles
The possibility of an implicit declaration of withdrawal from the European Union
The European Union was built on common fundamental values and principles. However, some Member States, notably Hungary and Poland, regularly challenge them. Even though, following recent events in the east of the European Union, some States wish to join it, it is clear that the EU does not have the necessary instruments to preserve its unity and credibility. This is evidenced by the repeated failures of attempts to force the Hungarian and Polish governments to act in accordance with EU law. Consequently, the question of whether the behavior adopted by certain Member States can, in particular cases, constitute a notification of withdrawal from the Union within the meaning of Art. 50 para. 2 TEU is worth asking. This proposal, while certainly provocative, has the merit of revealing the ineffectiveness of current tools and offering a concrete solution to a situation that is likely to deteriorate further. What are the advantages of such a proposal? And what would be the consequences? By accepting it, would the European Union be solving the problem, or would it be opening a Pandora's box that would be very difficult to close afterwards? |