Theresa May was never going to do anything like invoke clausula rebus sic stantibus, which would have declared the EU treaties invalid due to the burdens it puts on member states and given the UK a bigger edge in negotiations with this wannabe evil empire. I do not think that Johnson knows what that is, but since these negotiations are in light of this treaty, he had better find out quickly.
- Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
- 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.
- 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.
- 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.
- If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
“I do not think that Johnson knows what that is...”
How is it that you know what it is and Boris Johnson does not, seeing he has the best lawyers he can hire working for him?
We will see how the Germans like it when they can’t sell/move parts into the country. Perhaps UK, US, Japanese and Korean products will gain a greater foothold?
Article 50 - together with all other articles - is irrelevant to the current negotiations, since the UK has now left the EU and is no longer bound by them. The current negotiations are about the content, if any, of a new trade deal between the UK and EU. This would take effect once the present transitional arrangements, agreed as part of the UK’s withdrawal deal, end in December.