Art. 50 Lisbon Treaty - Withdrawal from the European Union legalities

Art. 50 Lisbon Treaty -  Withdrawal from the European Union legalities

"Any Member State may decide to withdraw from the Union in accordance with its own
constitutional requirements."
https://en.wikipedia.org/wiki/Withdrawal_from_the_European_Union
This foresees in a agreed withdrawal agreement or a unilateral withdrawal.
As some see it, this would be decided by a qualified majority to be defined in accordance
with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
See http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012E/TXT

The Treaty of Lisbon introduced an exit clause for members who wish to withdraw from
the Union. Under TEU Article 50, a Member State would notify the European Council of
its intention to exit the Union and a withdrawal agreement would be negotiated between
the Union and that State.

However it does include in it a strong implication of a unilateral right to withdraw. This is
through the fact the state would decide "in accordance with its own constitutional requirements"
and that the end of the treaties' application in said state is not dependent on any agreement
being reached (it would occur after two years regardless).

Lisbon Treaty Article 50
1. Any Member State may decide to withdraw from the Union in accordance with its own
constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention.
In the light of the guidelines provided by the European Council, the Union shall negotiate and
conclude an agreement with that State, setting out the arrangements for its withdrawal, taking
account of the framework for its future relationship with the Union. That agreement shall be
negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European
Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority
after obtaining the consent of the European Parliament. (Unless I am mistaken, not all
countries European Member States have an equal number of votes, but this is amongst other
factors related to the population in a country).
3. The Treaties shall cease to apply to the State in question from the date of entry into force of
the withdrawal agreement or, failing that, two years after the notification referred to in paragraph
2, unless the European Council, in agreement with the Member State concerned, unanimously
decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the
Council representing the withdrawing Member State shall not participate in the discussions of
the European Council or Council or in decisions concerning it. A qualified majority shall be defined
in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to
the procedure referred to in Article 49.

Art. 238.3   former (ex Article 205(1) and (2), TEC (Treaty European Constitution.)
3. As from 1 November 2014 and subject to the provisions laid down in the Protocol on transitional
provisions, in cases where, under the Treaties, not all the members of the Council participate in voting, a qualified majority shall be defined as follows:

(a) A qualified majority shall be defined as at least 55 % of the members of the Council representing
the participating Member States, comprising at least 65 % of the population of these States.

A blocking minority must include at least the minimum number of Council members representing more than 35 % of the population of the participating Member States, plus one member, failing
which the qualified majority shall be deemed attained;

(b) By way of derogation from point (a), where the Council does not act on a proposal from the
Commissionor from the High Representative of the Union for Foreign Affairs and Security Policy, the qualified majority shall be defined as at least 72 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States.

4. Abstentions by Members present in person or represented shall not prevent the adoption by the
Council of acts which require unanimity.

The Treaty of the European Constitution  TCE
The Treaty establishing a Constitution for Europe was signed in Rome on 29 October 2004 by 53
senior politicalfigures from the 25 member states of the European Union. In most cases heads of
state designated plenipotentiaries to sign the treaty, but some presidents also signed on behalf of
states which were republics.

On 12 January 2005 the European Parliament voted a legally non-binding resolution in support of
the Constitution by 500 votes in favour to 137 votes against, with 40 abstentions.
Notwithstanding the rejection in France and the Netherlands, Luxembourg held a referendum on
10 July 2005 approving the Constitution by 57% to 43%. It was the last referendum to be held on
theConstitution as all of the other member states that had proposed to hold referendums cancelled
them. Without previously consulting their respective citizens !

A new clause in the TCE provided for the unilateral withdrawal of any member state from the Union
(clause I-60). Under this clause, when a country notifies the Council of its intent to withdraw, a settlement is agreed in the Council with the consent of Parliament. If negotiations are not agreed within two years, the country leaves anyway. An identical provision was subsequently inserted into the treaties by the Lisbon Treaty

Although the Lisbon Treaty, was itself drafted behind closed doors, it adopted the amendment
procedures proposed by the Constitution TCE

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012E/TXT
http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-european-union-and-comments/title-6-final-provisions/137-article-50.html