EXPULSION FROM THE EUROPEAN UNION FROM THE CUSTOMARY INTERNATIONAL LAW POINT OF VIEW

Abstract

The expulsion of a member state from the European Union is not envisaged in the EU treaties. However, this paper considers this possibility based on customary international law, as codified in the Vienna Convention on the Law of Treaties. Specifically, it considers whether expelling a member state may take place based on a material breach of the EU Treaties as per Article 60 of the Vienna Convention. In doing so, the paper considers what procedural requirements may need to be followed to make a termination effective and the role of the Court of Justice of the EU (CJEU) in that process.