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Abstract

On June 23, 2016, the United Kingdom, consisting of England, Scotland, Wales, and Northern Ireland, participated in a referendum to determine whether the bloc of countries would maintain membership and remain in the European Union or withdraw.  Seventy-two percent of 46,501,241 eligible voters voted in this referendum, with “Leave” receiving 51.9% of the votes and “Remain” receiving 48.1% of the votes.  Despite the overall national results, very different results were seen throughout the countries of the United Kingdom.  England and Wales narrowly voted to leave the European Union, while an overwhelming majority of voters in Scotland and Northern Ireland chose to remain.  This significant historic event in the United Kingdom, now termed “Brexit,” was influenced by two distinct ideologies and groups; “Britain Stronger in Europe” and “Vote Leave,” each of which attracted the involvement of other groups, entities, and individuals.

Part I of this Comment provides a history of the United Kingdom as it relates to membership in the European Union, the abilities for the countries in the United Kingdom to gain membership in the European Union, and the factors surrounding the United Kingdom’s desire to leave the European Union.  This section also discusses the European Union, the interconnectedness of the treaties forming this organization, and the process of leaving the bloc of nations.  The 1972 European Communities Act, the Lisbon Treaty, the Treaty of the European Union, and the Treaty on the Functioning of the European Union will be specific areas of focus because of their impacts on membership in the European Union and process of withdrawing membership.  This section concludes by discussing the Norway and Liechtenstein Plans, both of which helped the country negotiate a limited relationship with the European Union.  Part II analyzes the information related to the United Kingdom leaving the European Union domestically and internationally and attempts to identify the pertinent and related contractual and legal obligations that will impact leaving the European Union.  Part III offers solutions to the difficulties that the United Kingdom will encounter as a result of leaving the European Union and offers amendments that the European Union could enact to more directly address a Member-State leaving.

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