Abstract
This paper seeks to contribute to the current debate surrounding the unprecedented practice of applying Article 50 TEU. In particular, it will question how relevant the general procedure for the conclusion of international agreements (Article 218 TFEU) is in the case of a withdrawal agreement (II). The practice so far shows that most of Article 218 TFEU is being applied even though Article 50(2) only refers expressly to its third paragraph. There is, however, one relevant question regarding 218 TFEU which so far has been left to theory: is the withdrawal agreement admissible to an Opinion procedure pursuant to its paragraph 11? This paper favours a positive answer (III) although it also considers that for political reasons it is unlikely the Court’s prior review mechanism will be activated (IV). It ends with some brief conclusions (V).
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