Web-Companion Essential EU Law in Text: Suggested solutions to the exercises

Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4".  To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.

Showing only entries concerning chapter Part 1, B. VI. 3.. View all entries

The development of the European Union – Exercise 3

Page: 25 Chapter: Part 1, B. VI. 3.

Exercise: (added for illustration purpose)

Following many years of EU membership, and years of a development in a nationalist direction, a Member State contemplates the possibility of withdrawal under Art. 50 TEU. In the framework of the withdrawal procedure, what is the role of the EU institutions in this context? Who has to take what decisions? Within the Council (of Ministers), is unanimity of the representatives of the Member States necessary?

Suggested solution:

Following the internal decision-making process of the Member State in question and the notification of its intention to withdraw to the EU, the two sides (withdrawing state and EU) will conduct negotiations on a withdrawal agreement. On the EU side, under Art. 218(3) TFEU the Council (of Ministers) adopts negotiating directives, nominates the Union negotiator (or the head of the Union’s negotiating team) and authorises the opening of negotiations. The negotiations are conducted by the Commission (who also makes recommendations for the negotiating directives). If political agreement is reached, the Council, on a proposal by the negotiator, adopts a decision authorising the signing of the agreement (and, if necessary, its provisional application before entry into force). This requires a qualified majority within the Council as defined in Article 238(3)(b) TFEU. The two-year negotiation period can be extended; however, this requires that the European Council, in agreement with the Member State concerned, unanimously decides to extend this period. However, withdrawal can also happen without any formal decision on the EU side, namely when no political agreement is reached on a withdrawal agreement within two years after notification, and no extension of this period has been agreed upon.


[Relevant Charts: Charts 2/27 – 2/31]


Published: 23 July 2017