The European Council (minus the UK) will agree the terms of the UK’s withdrawal from the EU for a consensus they need to have a ‘qualified majority’ which according to article 218(3) of the functioning of the European Union (TFEU) will require at least 72% of the members of the Council, representing Member States comprising at least 65% of the population of the Union. However where not all the members of the Council participate in voting, a qualified majority shall be defined as follows as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.
According to article 218(3) of the TFEU – ‘A blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained’
In order to get the best result the UK Government will need to negotiate well whilst keeping as many of the member states as possible on-side in order that the majority vote works in their favour.
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