EU law | Dr Aurel Sari

2016 December

Writing on the Wall: The Format of the Article 50 Notification

Does a notice to withdraw from the EU pursuant to Article 50 TEU have to be in written form? The Treaty of Lisbon has left this question open. In its second paragraph, Article 50 TEU declares that a ‘Member State which decides to withdraw shall notify the European Council of its intention.’ Nothing in this passage dictates that the notice has to be made in writing, yet nothing indicates that it may not be made in writing either. However, three points should be borne in mind in this context.

2016 October

Biting the Bullet: Why the UK Is Free to Revoke Its Withdrawal Notification under Article 50 TEU

Tags: Brexit, EU law, European Union, Treaty of Lisbon|

‘There is no going back.’ These were the words of Lord Pannick, uttered before the High Court in response to the question whether the United Kingdom could rescind its notification to withdraw from the European Union once issued under Article 50 TEU (Santos and M v Secretary of State for Exiting The European Union, uncorrected transcripts, p. 17). The claimants and the Government appear to agree on this point and accept that the UK cannot reverse its notification of withdrawal. This post explains why this position does not reflect the law.

2013 December

Commentary on Articles 28, 29 and 37 TEU

Tags: CFSP, EU law, European Union, Treaty of Lisbon|

Contribution to a major academic commentary on the Treaty on European Union just published in English by Springer, addressing Article 28 (Council Decisions on Operational Action), Article 29 (Council Decisions on Union Positions) and Article 37 TEU (Agreements concluded by the Union with Third States and International Organizations).

2011 November

After Lisbon: EU Decisions in CFSP

Tags: CFSP, EU law, Treaty of Lisbon|

In this chapter, I argue that the manner in which the Lisbon Treaty carried out the simplification of the EU’s legal instruments in the context of the CFSP signals a return, in essence, to a state of affairs that existed under the Maastricht Treaty.

2011 November

A critical look at Kadi

Tags: CFSP, EU law, European Court of Justice, international law, Kadi|

My contribution on the ECJ's decision in the Kadi case has just appeared in print

2010 September

The Kadi case and EU law

Tags: conflict of norms, EU law, European Court of Justice, international law, Kadi|

I've recently completed a paper arguing that the dualist approach taken by the European Court of Justice in the case of Kadi is best understood as a value-based decision motivated by a desire to safeguard its own jurisdiction.