The withdrawal of a Member State from the European Union is, in principle, a matter concerning the relationship between the Union and such a State. The process regulated by Article 50 TEU relies on the perspective that the European Union and the withdrawing Member State should first reach an agreement on the terms of withdrawal, and then conclude an international agreement to regu- late their future relationship. What happens if the former Member State and the European Union do not reach any agreement? Article 50 TEU establishes that the EU Treaties shall cease to apply. In light of the on-going Brexit negotiations, which is the first case of withdrawal from the European Union, this article fo- cuses on the role of the EU Member States if a no-deal exit occurs. The first part of the article provides an analysis of the actions already taken by the European Union to address the critical issue of the redistribution of competences between the European Union and its Member States when a former member becomes a third State. These actions were coordinated with the EU Member States to face the risk of a no-deal Brexit. The second part of the article assesses the unilateral measures adopted by the Italian Government with Decree Law 22/2019, con- verted into law 41/2019 by the Italian Parliament in May 2019, to prepare for an exit of the UK from the European Union without a deal. Italy’s role in the event of a no trade deal scenario, and its need to unilaterally regulate bilateral relations with the UK, will also be considered.

Unilateral measures in a no-deal Brexit: the Italian way to mitigate the impact of an abrupt change of regulation

Mariani, Paola
2020

Abstract

The withdrawal of a Member State from the European Union is, in principle, a matter concerning the relationship between the Union and such a State. The process regulated by Article 50 TEU relies on the perspective that the European Union and the withdrawing Member State should first reach an agreement on the terms of withdrawal, and then conclude an international agreement to regu- late their future relationship. What happens if the former Member State and the European Union do not reach any agreement? Article 50 TEU establishes that the EU Treaties shall cease to apply. In light of the on-going Brexit negotiations, which is the first case of withdrawal from the European Union, this article fo- cuses on the role of the EU Member States if a no-deal exit occurs. The first part of the article provides an analysis of the actions already taken by the European Union to address the critical issue of the redistribution of competences between the European Union and its Member States when a former member becomes a third State. These actions were coordinated with the EU Member States to face the risk of a no-deal Brexit. The second part of the article assesses the unilateral measures adopted by the Italian Government with Decree Law 22/2019, con- verted into law 41/2019 by the Italian Parliament in May 2019, to prepare for an exit of the UK from the European Union without a deal. Italy’s role in the event of a no trade deal scenario, and its need to unilaterally regulate bilateral relations with the UK, will also be considered.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11565/4033178
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