ИСТУПАЊЕ ДРЖАВА ИЗ ЧЛАНСТВА У ЕВРОПСКОЈ УНИЈИ

Zečević Slobodan (Институт за европске студије, Београд), vzecevic@eunet.rs

Withdrawal of the Member States from the European Community or the European Union was controversial from the standpoint of the communitarian and international law until the adoption of the Treaty of Lisbon in 2009. The Treaty on the European Economic Community concluded in Rome in 1957 did not foresee the possibility of loss of membership or resigning or retiring from the Community. Given the federal characteristics of the European Union, there was an open question of the legality of exiting its membership if we keep in mind that federalism in principle excludes secessionist tendencies. The Treaty on the European Union concluded in Lisbon, expressly provided the right of Member States according their constitutional rules to decide on withdrawal from the European Union. This right, however, links the status of EU membership with membership in the international organization and, therefore, does not sit well with the supporters of European federalism. The solution in question is still best reflecting the real situation. Member states did not fully renounce their sovereignty and naturally they have the right to seek release from membership in the European Union. The procedure of withdrawal provided by the Treaty of Lisbon in no way restricts them and leaves them full freedom to decide their own destiny.

Кључне речи: European Union, Member State, the right to withdrawal from membership, The Treaty on Lisbon, federalism, international organization, sovereignty