Revista Temas de Derecho Constitucional

338 Revista Temas de Derecho Constitucional the Advocate General appears to take an international law perspective pigeon-holing the withdrawal clause as a specific treaty provision (consideration of Article 50 TEU, as lex specialis ) in the general context of international law of the treaties. Although relying on international law, the Court maintains a clear position on the na- ture of the right based on EU law. During the two-year period, the State retains its status as a Member State unless a request to extend the two-year period under Article 50(3). 89 The United Kingdom government had not so far taken a stance on the right, for a Mem- ber State that has notified its intention to withdraw from the European Union under Article 50 TEU, to revoke that notification. 90 Unlike maintaining a classical international law approach, the EU defended the auton- omy of EU law and the constitutional nature of the founding Treaties, which represent the basic constitutional charter of the European Union 91 , which established (…) a new legal order, possessing its own institutions, for the benefit of which the Member States thereof have limited their sovereign rights, in ever wider fields, and the subjects of which comprise not only those States but also their nationals’. 92 The Court, based on settled case-law, reaffirms the autonomy of EU lawwith respect both to the law of the Member States and to international law which stems from the essential characteristics of the European Union and its law, relating in particular to the constitu- tional structure of the European Union and the very nature of the emerging legal order. In terms of the autonomy, EU law distinctive feature stems from the founding Treaties, an independent source of law, which take primacy over the laws of the Member States. Ultimately, the autonomy emanates from the direct effect of a series of provisions which are applicable to EU citizens and to the Member States themselves. The uniqueness of EU law rests on “these features have led to a structured network of principles, rules and mu- tually interdependent legal relations binding the European Union and its Member States reciprocally as well as binding its Member States to each other”. 93 Throughout the analysis, the Court examined the question referred in the light of the Treaties taken as a whole. 94 Even if the Court proceeds to the contextual interpretation of Article 50, it draws on the principle of ever closer union among the peoples of Europe, and the values of liberty and democracy as set out in EU law. 95 For this reason, the antithesis to Article 50, Article 49 TEU regulating accession evidences the free and vol- untary commitment of Member States buying into values of the European Union. By re- lying on the analogy drawn by the Court, as a State cannot be obliged to accede against 89 Judgment, paras 59 and 60. 90 Judgment, para 43. 91 The Court made reference tot he Judgment of 23 April 1986, Les Verts v Parliament, 294/83, EU:C:1986:166, paragraph 23 92 Judgment, para 44. The Court cited the following case-law: Opinion 2/13 (Accession of the European Union to the ECHR) of 18 December 2014, EU:C:2014:2454, paragraph 157 and. 93 Judgment, para 45. The Court cited the judgment of 6 March 2018, Achmea, C 284/16, EU:C:2018:158, paragraph 33 and the case-law cited. 94 Judgment, para 46. 95 Judgment, paras 61-63.