La Unión Europea ante el desafío del Brexitde la decisión de los jefes de estado o gobierno a la activación del procedimiento de retirada

Resumo

Brexit poses an immense challenge for the European Union (EU). This article examines the Decision of the Heads of State or Government dated 18 February 2016, which sought to satisfy the United Kingdom’s demands for remaining within the EU as an example of the «tailor-made solutions» that the EU produces when facing crises. The Decision, the legal nature of which can be likened to that of an international treaty negotiated in simplified form, raises many interesting legal issues. Despite the referendum’s result, it cannot be ruled out that the Decision will serve as a precedent in possible future scenarios or that it will influence the exit talks. The Decision may even be «revived» if Brexit ultimately does not happen. In addition, this article examines many of the legal questions posed by those exit negotiations (the roles of the parties involved, terms, etc.), and makes brief reference to the issue of Gibraltar in the wake of Brexit.