Activities of Danuta Maria HÜBNER related to 2020/2136(INI)
Reports (1)
REPORT on the assessment of the implementation of Article 50 TEU
Amendments (71)
Amendment 1 #
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU), and in particular Article 50 and Article 8 thereof,
Amendment 3 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Commission Declaration for the European Parliament plenary of 16 April 2019;
Amendment 4 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to European Council Decision (EU) 2018/937 of 28 June 2018 establishing the composition of the European Parliament,
Amendment 5 #
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the judgment of the Court of Justice of the European Union of 10 December 2018, Andy Wightman and Others v Secretary of State for Exiting the European Union, case C- 621/18,
Amendment 6 #
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
Amendment 7 #
Motion for a resolution
Citation 11 d (new)
Citation 11 d (new)
— having regard to the study commissioned by the European Parliament Policy Department for Citizens' Rights and Constitutional Affairs, entitled ”Interpretation and implementation of Article 50 TEU – Legal and institutional assessment”, March 2021,
Amendment 8 #
Motion for a resolution
Citation 11 e (new)
Citation 11 e (new)
— having regard to the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom, the Government of Ireland and the other participants in the multi-party negotiations (the "Good Friday Agreement"),
Amendment 9 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. Whereas the objective of this report is to analyse the way in which the provisions of Article 50 of the TEU were interpreted and applied, and the way the procedure of withdrawal of the UK from the EU under that Article was organised and conducted, including the lessons drawn for EU law and the functioning of the European Union.
Amendment 10 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. Whereas the reflection on the implementation of Article 50 contributes to a better understanding of key components of the EU constitutional identity, the principles underpinning the European integration, the importance of the decision making autonomy and the right to regulate, to be taken into account in future treaty change;
Amendment 14 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Vienna Convention on the Law of Treaties (VCLT) is not directly applicable to the TEU as the EU is not a party to the Convention;
Amendment 21 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Article 50 of the TEU does not impose any formal requirements regarding the notification of the intention to leave the Union or its revocation, the extension of the period of two years set out under Article 50(3) of the TEU, and does not explicitly provide for the possibility of transitional arrangements,
Amendment 24 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas, in its judgment of 10 December 2018, in case C-621/18, the Court of Justice determined the conditions under which the withdrawing Member State may revoke unilaterally the notification of its intention to withdraw from the Union,
Amendment 25 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas Article 50 of the TEU is not clear as regards the application of parts of Article 218 of the TFEU other than its paragraph 3,
Amendment 26 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas the application of Article 50 of the TEU underlines that EU membership is voluntary and that a Member State cannot be forced to stay or leave, whereas the decision to withdraw from the Union is made in line with the withdrawing state’s internal constitutional order;
Amendment 30 #
Motion for a resolution
Recital E
Recital E
E. whereas Article 50 of the TEU confers on the Union institutions the exceptional horizontal competence to negotiate an agreement covering all matters necessary to arrange the withdrawal of a Member State;
Amendment 37 #
Motion for a resolution
Recital G
Recital G
G. whereas under the TEU, EU citizens are directly represented at Union level in the European Parliament;
Amendment 38 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas Parliament is part of the decision-making procedure under Article 50 of the TEU and exercises general political control, as provided for in Article 14 of the TEU;
Amendment 40 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the withdrawal of the UK had an impact on the composition of the European Parliament as provided for in Article3(2) of European Council Decision (EU) 2018/937,
Amendment 45 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the Union institutions have undertaken all efforts not to politicise the process of withdrawal, but the withdrawal under Article 50 of the TEU is nevertheless inherently political as it stems from and is influenced by fundamental choices regarding membership of the EU and/or the relationship with the EU;
Amendment 46 #
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas after the entry into force of the Withdrawal Agreement the only legal path for a re-accession to the EU is on the basis of Article 49 of the TEU;
Amendment 47 #
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas Article 8 of the TEU emphasises the special relationship of the EU and its neighbouring countries;
Amendment 48 #
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas, according to the European Parliament’s rules of procedure, the Committee on Constitutional Affairs is responsible for the institutional consequences of withdrawal from the Union;
Amendment 49 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Amendment 51 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that the withdrawal of aone of its Member States has been an unprecedented and extremely critical process for the European Union;
Amendment 58 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the historical importance for EU membership of the UK’s withdrawal did not and does not deviate the Union from its integration process, as the Article 50 provides guarantees to the EU legal order and protects fundamental goals of the European integration;
Amendment 62 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the provisions of Article 50 of the TEU and the way in which they were interpreted and implemented reflect and uphold the common values and the goals that are at the foundation of the Union, in particular freedom, democracy and the rule of law;
Amendment 65 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Article 50 of the TEU has met its objectives of preserving the sovereign right of a Member State to withdraw from the European Union, thus confirming explicitly the voluntary nature of EU membership, and of ensuring the orderly withdrawal of the UK from the Union, while allowing for the subsequent building of an enhanced relationship between the EU and the UK as a third country;
Amendment 66 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 77 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the clear division of tasks among the institutions and the unprecedented inclusive and transparent approach adopted byof the Commission and its Chief Negotiator were paramount in maintaining coherence and unity within the EU and in promoting the EU’s priorities and interests in the negotiations, and safeguarding the integrity of the legal order of the Union;
Amendment 79 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Commends the main institutional actors for having safeguarded the unity among the 27 Member States as well as within and among the Union institutions respecting the nature of the withdrawal as a Union process;
Amendment 80 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Believes that the Union’s interest has prevailed thanks to strategic organisation and conditionality between the different stages of the procedure, in particular through the sequencing of the negotiations, and the conditions linked to the extension, to the transition period, as well to the start of the second phase of talks on a new and close partnership between the EU and the UK on the basis of substantial progress in the negotiations on citizens’ rights, Republic of Ireland and Northern Ireland and the financial settlement;
Amendment 81 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Appreciates that the chapter on citizens’ rights of the withdrawal arrangements was agreed rather early in the negotiations, and the initial version of the draft Withdrawal Agreement of 19 March 2018 contained an entirely agreed Part Two on citizens’ rights, including on the direct effect of its provisions, and on the jurisdiction of the Court of Justice on the relevant provisions on citizens’ rights;
Amendment 82 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses that the Union has clearly identified from the outset as issues of the European Union as a whole the specific circumstances of the island of Ireland and the need to safeguard the Good Friday Agreement and mitigate the effects of the United Kingdom’s withdrawal on the Republic of Ireland;
Amendment 83 #
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Considers that the time-limited transitional period with continued application of existing EU regulatory, budgetary, supervisory, judicial and enforcement instruments and structures following the withdrawal was in the interest of both parties and facilitated the negotiation of and bridging to the future relationship;
Amendment 84 #
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
Amendment 87 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that the withdrawal process was characterised by hesitancyvolatility, on the part of the UK, leading to protracted uncertainty from the outset, reflected in the time gap between the referendum and the withdrawal notification under Article 50 of the TEU, and until the end of the negotiations, due to; Considers that raising the spectre of a no-deal withdrawal amounted to brinkmanship and gravely endangered the prospects of an orderly withdrawal;
Amendment 96 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is of the view that the provisions of Article 50 of the TEU on the notification and extension of the period under Article 50(3) of the TEU have been handled in a sufficiently flexible manner to respond to the political vacillations and inconsistencies of the successive UK governments, while preserving the integrity of the withdrawal process and upholding the legal order of the Union;
Amendment 97 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls that the decision to withdraw is the sovereign right of a Member State and that the Union is obliged to acknowledge the intention of that state; reminds that Article 50 of the TEU does not specify and therefore places no constraints on the form of notification of the intention to withdraw; believes in this context that the conduct of a Member State not respecting EU law and/or expressing its intention to not apply the EU Treaties, not recognise the jurisdiction of the European Court of Justice and not respect its judgements are a clear rejection of the obligations linked to EU membership;
Amendment 98 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Points out that the withdrawal from the European Union is by nature a complex process, and that the political choices of the withdrawing Member State regarding its future relations with the Union can add to such complexity;
Amendment 99 #
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
Amendment 102 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes, in this regard, that if an agreement is not reached, the withdrawal becomes effective two years after notification of the Council, in accordance with Article 50 (3) of the TEU; emphasises that there are no provisions in the Treaty to tackle a no-deal scenario;
Amendment 103 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Reiterates the importance of the work undertaken by the Commission and the Member States at all levels of public administration and in reaching out to citizens and private sectors, in terms of awareness raising and preparation, through the publication of a great number of specific stakeholder preparedness notices, and the timely adoption of unilateral and temporary contingency measures;
Amendment 104 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 105 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Notes that the Treaty does not specify any substantive requirements on the guidelines of the European Council under Article 50(2) of the TEU, or regarding the framework for the future relationship between the withdrawing Member State and the Union and its link with the withdrawal arrangements;
Amendment 106 #
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikes a balance between ensuring a legally sound withdrawal process and safeguarding the political flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunity of remedying some of the loopholes identified in Article 50 of the TEU could be assessed, with particular regard tocomplexity of the withdrawal process and the far-reaching nature of its consequences are disproportional in relation to the lack of detail of the provisions of Article 50 of the TEU, including on the following aspects:
Amendment 113 #
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
- delimited requirements for the extension of the period of two years set out under Article 50(3) of the TEU,
Amendment 117 #
Motion for a resolution
Paragraph 11 – indent 1 a (new)
Paragraph 11 – indent 1 a (new)
- the formal requirements of the notification of the intention to leave,
Amendment 120 #
Motion for a resolution
Paragraph 11 – indent 2
Paragraph 11 – indent 2
- a legal basis and strict conditions forthe transitional arrangements,
Amendment 125 #
Motion for a resolution
Paragraph 11 – indent 3
Paragraph 11 – indent 3
- explicit conditions for the revocation of the notification of the intention to leave,
Amendment 129 #
Motion for a resolution
Paragraph 11 – indent 4
Paragraph 11 – indent 4
- clarification of the application of the provisions of Article 218 of the TFEU, notably on the role other than its paragraph 3, and in particular on the role of the European Parliament and of the Court of Justice of the European Union in the procedure;
Amendment 133 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes, furthermore,Regrets that the withdrawal of the UK from the Union entailed the departure of an entire community of EU citizens; believes that the withdrawal provisions of the Treaty should, as much as possible, ensure legal certainty for the vast number of EU citizens affected by the withdrawal, setting out minimum standards for the protection of their rights obtained on the basis of EU law;
Amendment 138 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 144 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that the European Parliament played a pivotal role in the entire process of the withdrawal, contributing actively with duly substantiated resolutions to the identification of strategies and to the protection of the interests and priorities of the EU and its citizens, since the run-up to the UK referendum on EU membership; recalls in this regard that the contribution of Parliament was structured mainly through the Brexit Steering Group (BSG), created by the Conference of Presidents on 6 April 2017, with the support and close involvement of Parliament’s committees and the Conference of Presidents;
Amendment 146 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that the Parliament was mobilised as a whole and in unison in the monitoring of the process of withdrawal, both through its political bodies and through its committees, which were called to identify from early on the impact of the UK’s withdrawal on the policy areas and legislation in their respective fields of responsibility; reiterates the importance of the continuous involvement of the committees responsible for sectoral policies during the negotiations; commends the long and exhaustive preparatory work undertaken by the committees in gathering evidence, advice and expertise through hearings, workshops and studies on all issues related to the withdrawal or the future relationship between the EU and the UK;
Amendment 147 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recalls that the European Parliament has engaged in active dialogue with citizens and organisations representing them, through auditions and meetings organised by parliamentary committees and the BSG, who have striven to give a voice to their concerns and expectations during the withdrawal process;
Amendment 149 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reminds that according to Article 50 (4) of the TEU, the member of the European Council or of the Council representing the withdrawing Member State cannot participate in the discussions of the European Council or Council or in decisions concerning the process of withdrawal, while the Members of the European Parliament (MEPs) elected in the withdrawing Member State continue to be MEPs with all their rights and obligations intact until the withdrawal becomes effective;
Amendment 150 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls the central role of the Union negotiator in liaising and creating remarkable unity between the Union’s institutions and the 27 Member States;
Amendment 151 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Recognises the unprecedented nature of inter-institutional cooperation and transparency in the implementation of the Article 50 of the TEU, including the working methods and structures involved in the negotiations, the information channels, the publication of negotiating documents and the participation in meetings, and in particular in Sherpa meetings and meetings of the General Affairs Council;
Amendment 152 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Acknowledges the relevance of the core principles proposed by the European Parliament and introduced by the European Council in its successive negotiation guidelines, and subsequently implemented in the negotiations: - Protecting citizens’ rights derived from their status as EU citizens; - Acting in the interest of the Union and preserving its constitutional integrity and the autonomy of its decision-making; - Safeguarding the role of the Court of Justice of the European Union; - Preserving the financial stability of the Union; - Defending the withdrawing state’s enjoyment of all the rights and fulfilment of all the obligations deriving from the Treaties, including the principle of sincere cooperation; - Defending the clear difference in status between Member States and non-member States, as a state having exited the Union cannot have the same rights and obligations as a Member State;
Amendment 153 #
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Continues to support fully the abovementioned principles;
Amendment 154 #
Motion for a resolution
Paragraph 14 f (new)
Paragraph 14 f (new)
14f. Is of the opinion that the abovementioned principles reach beyond the context of Article 50 of the TEU, as they underpin European integration and have become key elements of the EU constitutional identity and EU legal order even though they are not part of the treaty;
Amendment 155 #
Motion for a resolution
Paragraph 14 g (new)
Paragraph 14 g (new)
14g. Notes that in this respect, the Article 50 of TEU exit procedure has led both the EU and its Member States to reaffirm the Union’s constitutional identity;
Amendment 156 #
Motion for a resolution
Paragraph 14 h (new)
Paragraph 14 h (new)
Amendment 158 #
15. Reiterates that, until a withdrawal agreement enters into force or, failing that, the two-year period mentioned in Article 50(3) of the TEU has elapsed, the withdrawing State remains a Member State, and enjoys all the rights and is under all the obligations deriving from the Treaties without exception, including the principle of sincere cooperation laid down in Article 4(3) of the TEU, as well as the obligation to hold elections to the European Parliament and to appoint its representatives in the institutions and bodies of the Union;
Amendment 161 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 175 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Emphasises in this regard that while the Article 50 process is concluded once the withdrawal from the EU becomes effective, the actual unwinding of EU membership and implementation of the withdrawal agreement is a long term process; Reaffirms in this context that Parliament will play its full role in the monitoring of the implementation of the Withdrawal Agreement;
Amendment 176 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 180 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that Article 50 of the TEU addresses and allows to solves the procedural aspect of a Member State’s withdrawal, but does not solve the significant political and economic consequences and disruptive effects of the withdrawal of a Member State from the EU;
Amendment 182 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 184 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations; recalls in this context that the Union has embarked on an unprecedented process of reflection on its future in the framework on the Conference of the Future of Europe;
Amendment 194 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and its Member States to prevent the repetition of a withdrawal from the EUserve the nature of the European integration through their commitment to the European values and principles, including loyal cooperation principle and to prevent the repetition of a withdrawal from the EU; regrets in this context the restraint and limited engagement of the European Parliament and its committees in the run-up to the UK referendum which did not allow to improve access of the European citizens of UK to the information on the functioning of the EU and implications of withdrawal process; calls on Member States to consistently provide wide- reaching information to EU citizens on the functioning of the European Union, its areas of action and its decision-making processes; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolve;