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The Law & Politics of Brexit: Volume IIThe Withdrawal Agreement$
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Federico Fabbrini

Print publication date: 2020

Print ISBN-13: 9780198848356

Published to Oxford Scholarship Online: December 2020

DOI: 10.1093/oso/9780198848356.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2021

The Extensions

The Extensions

(p.66) 3 The Extensions
The Law & Politics of Brexit: Volume II

Federico Fabbrini

Rebecca Schmidt

Oxford University Press

This chapter examines the extension of UK membership in the EU, discussing the law and politics of Article 50(3) TEU. It also assesses the governance implications that the postponement of Brexit had on the EU institutions, including the European Parliament (EP), the Council of the EU, and the European Commission. The UK government notified its intention to withdraw from the EU pursuant to Article 50 TEU on March 29, 2017. It was expected therefore that the UK would leave by March 29, 2019. However, in March of 2019, the UK government was eventually pushed to seek an extension under Article 50(3) TEU — a dynamic which was repeated twice more in April and October of 2019, ultimately leading to the withdrawal of the UK from the EU only on January 31, 2020. The chapter maps the legal regulation of the extension of the withdrawal period, distinguishing it from the similar but different mechanisms of revocation and transition. It also analyses the practical implementation of extension in the three subsequent decisions that the European Council adopted, in agreement with the UK, during 2019.

Keywords:   EU membership, UK, Article 50(3) TEU, Brexit, European Parliament, Council of the EU, European Commission, UK government, European Council, extension

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