A Legal Analysis Of The Revocability Of Withdrawal Notification In The Treaty Of Lisbon

The Treaty of Lisbon includes Treaty on European Union(TEU)and Treaty on the functioning of European Union(TFEU).The research object of this article is the revocability of EU member state's withdrawal notification in Article 50 of Treaty on European Union(TEU).The core research question is whether the withdrawal notification should be revocable or not.This question was mentioned in the judgment of British Supreme Court on the case R(on the application of Miller and another)(Respondents)v Secretary of State for Exiting the European Union(Appellant).During the judging process,the respondents and the appellant reached the common ground,which was also accepted by most judges in the Supreme Court,that the withdrawal notification should be irrevocable.However,controversies arouses around it,since no exact regulation appears either in Article 50 of TEU or in the rest of EU law.From the perspective of international law,Article 68 of 1969 Vienna Convention on the Law of Treaties contains relevant contents.In terms of history,the notification of accession application for EU member state is revocable,as both Switzerland and Iceland have already revoked their notifications and ended the accession progress in practice.By comparing the revocability of the withdrawal notification and the accession application notification,this article gathers the opinions from the courts,international laws and other parties,in order to discuss the revocability of withdrawal notification.The main argument is that the withdrawal notification should be revocable.In addition,the influence and condition of revoking the withdrawal notification as well as the solutions to the problem are included in this article.