The purpose of this paper is to determine whether a Member State of the EU may revoke its notice to withdraw from the Union under Article 50 TEU. Contrary to the position taken by the English courts in Miller, this paper confirms that a notice to withdraw from the EU is in fact reversible.
‘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.
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).
The purpose of this working paper is to assess the role of human rights and fundamental freedoms in the crisis management operations led by the EU. It brings together contributions from recognized experts originally presented at the Centre for the Law of EU External Relations (CLEER) of the TMC Asser Institute at The Hague.
Human Rights and EU Crisis Management Operations
Normative Power Europe: Status of Forces Agreements in the Field of European Security and Defence Cooperation
In this second contribution to the NATO Legal Gazette, I provide an overview of the status of forces agreements concluded by the EU and its Member States in the context of European security and defence cooperation
Recently, I've been working on the nature of the EU's competence in the field of foreign policy after the entry into force of the Lisbon Treaty. I've written up some of my (still developing) thoughts in this paper...
I am currently working on the legal nature and limits of the European Union's competence in the field of the Common Foreign and Security Policy. I have written up some of my thoughts in this paper; a more comprehensive article will follow at a later date. One of the aims of the Lisbon Treaty was
The European Union and Conflict Prevention: Policy and Legal Aspects / Vincent Kronenberger and Jan Wouters
Vincent Kronenberger and Jan Wouters (eds), The European Union and Conflict Prevention: Policy and Legal Aspects (T.M.C. Asser Press, The Hague, 2004). It has frequently been observed that conflict prevention lies at the very heart of the European integration process. Indeed, back in 1950 the Schuman Declaration called for the unification of Europe as a
Sebastian Graf von Kielmansegg, Die Verteidigungspolitik der Europäischen Union: Eine rechtliche Analyse [The Defence Policy of the European Union: A Legal Analysis] (Boorberg Verlag, Stuttgart, 2005) ISBN 3-415-03565-4 (pbk), EUR 52.00 (pbk), 552pp. The book reviewed here offers a legal analysis of the military aspects of the ESDP. Originally submitted as a doctoral dissertation at