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Europe Over 100 Years

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10. 2009-2019 Brexit

The 2013 enlargement of the European Union saw Croatia join the European Union as its 28th member state on 1 July 2013.

The country applied for EU membership in 2003, and the European Commission recommended making it an official candidate in early 2004. Candidate country status was granted to Croatia by the European Council in mid-2004. The entry negotiations, while originally set for March 2005, began in October that year together with the screening process.

The accession process of Croatia was complicated by the insistence of Slovenia, an EU member state, that the two countries' border issues be dealt with prior to Croatia's accession to the EU. Croatian public opinion was generally supportive of the EU accession process, despite occasional spikes in euroscepticism.

Croatia finished accession negotiations on 30 June 2011, and on 9 December 2011, signed the Treaty of Accession. A referendum on EU accession was held in Croatia on 22 January 2012, with 66% of participants voting in favour of joining the Union. The ratification process was concluded on 21 June 2013, and entry into force and accession of Croatia to the EU took place on 1 July 2013.

In 2012, Prime Minister David Cameron initially rejected calls for a referendum on the UK's EU membership, but then suggested the possibility of a future referendum to endorse his proposed renegotiation of Britain's relationship with the rest of the EU. According to the BBC, "The prime minister acknowledged the need to ensure the UK's [renegotiated] position within the [EU] had 'the full-hearted support of the British people' but they needed to show 'tactical and strategic patience'." On 23 January 2013, under pressure from many of his MPs and from the rise of UKIP, Cameron announced that a Conservative government would hold an in-or-out referendum on EU membership before the end of 2017, on a renegotiated package, if elected in the 7 May 2015 general election. This was included in the Conservative Party manifesto for the election.

The Conservative Party won the election with a majority. Soon afterwards, the European Union Referendum Act 2015 was introduced into Parliament to enable the referendum. Cameron favoured remaining in a reformed EU, and sought to renegotiate on four key points: protection of the single market for non-eurozone countries, reduction of "red tape", exempting Britain from "ever-closer union", and restricting immigration from the rest of the EU.

In December 2015, opinion polls showed a clear majority in favour of remaining in the EU; they also showed support would drop if Cameron did not negotiate adequate safeguards for non-eurozone member states, and restrictions on benefits for non-British EU citizens.

The outcome of the renegotiations was announced in February 2016. Some limits to in-work benefits for new EU immigrants were agreed, but before they could be applied, a member state such as the UK would have to get permission from the European Commission and then from the European Council, which is composed of the heads of government of every member state.

In a speech to the House of Commons on 22 February 2016, Cameron announced a referendum date of 23 June 2016, and commented on the renegotiation settlement. He spoke of an intention to trigger the Article 50 process immediately following a Leave vote and of the "two-year time period to negotiate the arrangements for exit.

After the original wording for the referendum question was challenged, the government agreed to change the official referendum question to "Should the United Kingdom remain a member of the European Union or leave the European Union?"

The result was announced on the morning of 24 June: 51.89 percent voted in favour of leaving the EU, and 48.11 percent voted in favour of remaining a member of the EU. Comprehensive results are available from the UK Electoral Commission Referendum Results site. A petition calling for a second referendum attracted more than four million signatures, but was rejected by the government on 9 July.

Withdrawal from the European Union is governed by Article 50 of the Treaty on European Union, which was introduced by the Treaty of Lisbon at the insistence of the United Kingdom. Under the Article 50 invocation procedure, a member notifies the European Council, whereupon the EU is required to "negotiate and conclude an agreement with [the leaving] State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the [European] Union". The negotiation period is limited to two years unless extended, after which the treaties cease to apply. There was a discussion on whether parallel negotiation of withdrawal terms and future relationships under Article 50 are appropriate (Chancellor Merkel's initial view) or whether Britain did not have the right to negotiate future trade with the 27 remaining countries of the EU (also known as the EU27), as this power is arguably reserved to the EU as long as the UK is a member (the view of a European Commission lawyer).

Although the 2015 Referendum Act did not expressly require Article 50 to be invoked, the UK government stated that it would expect a leave vote to be followed by withdrawal. Following the referendum result, Cameron resigned and said that it would be for the incoming Prime Minister to invoke Article 50.

The UK Supreme Court ruled in the Miller case in January 2017 that the government needed parliamentary approval to trigger Article 50. Subsequently, the House of Commons overwhelmingly voted, on 1 February 2017, for a government bill authorising the prime minister to notify an intention to leave under Article 50, and the bill passed into law as the European Union (Notification of Withdrawal) Act 2017. Theresa May then signed a letter invoking Article 50 on 28 March 2017, which was delivered on 29 March by Tim Barrow, the UK's ambassador to the EU, to European Council President Donald Tusk.

It had been argued that the Article 50 withdrawal process could be halted unilaterally by the British government, an opinion with which the author of Article 50 itself, Lord Kerr, expressed agreement. The European Parliament's Brexit committee said that unilateral revocation, regardless of its legality, poses a substantial moral hazard, with an EU member state potentially able to abuse it to blackmail the Union.

The reversibility of notifications under Article 50 was subject to litigation, which a cross-party group of Scottish politicians and the Good Law Project referred to the Court of Justice of the EU (ECJ).[180] The UK government sought to block this referral, ultimately in the UK Supreme Court, but it was unsuccessful in this attempt. On 10 December 2018, the ECJ ruled that a country could unilaterally cancel its withdrawal from the EU, by simple notice, provided that it did so prior to actual departure, unconditionally and in good faith. However, the Government's immediate response was that it had no intention of exercising that right.

Both parties to the withdrawal negotiation are bound by Article 50 (3) of the Treaty, which states explicitly that the EU treaties will cease to apply "from the date of entry into force of the withdrawal agreement or, failing that, two years after" the withdrawal notification unless the EU Council and the UK agree to extend the two-year period.

The European Union (Withdrawal) Act 2018 (as amended by a UK Statutory Instrument on 11 April 2019), in section 20 (1), defines 'exit day' as 11:00 p.m. on 31 October 2019. Originally, 'exit day' was defined as 11:00 p.m. on 29 March 2019 GMT (UTC+0).

As the UK parliament thrice voted against the negotiated withdrawal agreement, that deadline has been extended twice, and is currently 31 October 2019. An Act of Parliament requires the government to seek a third extension if no agreement is reached before 19 October.

10 Chapters for Over 100 Years, Europe is Stronger. 1 Chapter per Decade. This is Europe