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ECJ judgement is out

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    ECJ judgement is out

    Key points:
    - UK can unilaterally revoke (ie member state is fully sovereign)
    - If revoked, UK will stay on the same terms.
    - no additional referendum required to revoke, it only needs to be revoked according to the member state’s constitution.

    Makes Mays deal more or less likely to pass Parliament now? More MPs might be emboldened to vote it down knowing that the UK can unilaterally revoke, but ERG might see the deal as the only way to Brexit now.

    #2
    So the EU has bailed out the UK once again. Or at least is giving UK a chance...

    Comment


      #3
      And how does the UK unilaterally revoking A50 fulfil the referendum result?

      Sent from my SM-G955F using Contractor UK Forum mobile app

      Comment


        #4
        Originally posted by MattZani View Post
        So the EU has bailed out the UK once again. Or at least is giving UK a chance...
        The EU hasn't. The EU were opposed to this decision. But the ECJ has tried to bail us out.

        If the EU didn't want revocation, then it should have put it into Article 50. Interestingly, because Article 50 is silent on revocation, that normally means therefore there is no intention to permit revocation. So the advocate general relied on the Vienna Convention on the Law of Treaties to establish a precedent. I expect an appeal.

        The EU doesn't want unilateral revocation, as it means they cannot punish us with things like removing our rebate or removing some of our existing exemptions. It also means that other countries may decide to trigger Article 50 in order to get themselves a better deal, knowing they can cancel it within two years.
        Taking a break from contracting

        Comment


          #5
          Originally posted by Yorkie62 View Post
          And how does the UK unilaterally revoking A50 fulfil the referendum result?
          We have a second referendum, therefore establishing a new referendum result.

          The original referendum wasn't binding anyway, so parliament could exercise its sovereignty in a vote to force the government to withdraw its Article 50 notification and repeal the European Union (Withdrawal) Act. (Easier said than done, but there is no majority support in parliament for leaving without a deal).
          Taking a break from contracting

          Comment


            #6
            You assume that in any2nd referendum remain would be on the ballot paper. It could be a binary choice. Having decided to leave in the first referendum the choices that satisfy that result are Mays deal or no deal now choose.
            Originally posted by chopper View Post
            We have a second referendum, therefore establishing a new referendum result.

            The original referendum wasn't binding anyway, so parliament could exercise its sovereignty in a vote to force the government to withdraw its Article 50 notification and repeal the European Union (Withdrawal) Act. (Easier said than done, but there is no majority support in parliament for leaving without a deal).
            Sent from my SM-G955F using Contractor UK Forum mobile app

            Comment


              #7
              Originally posted by chopper View Post
              We have a second referendum, therefore establishing a new referendum result.
              According to what the OP says, there is no need for another referendum. BUT, I haven't read the BBC yet

              Comment


                #8
                I suggest several options with transferable vote. So: -

                1. Remain
                2. No deal
                3. May deal
                4. Sick to death of Brexit
                5. I just want to whine at those who voted differently to me
                6. I want an end to growing inequality in the UK
                7. I am fed up with the establishment running the country

                Comment


                  #9
                  Originally posted by GreenMirror View Post
                  I suggest several options with transferable vote. So: -

                  1. Remain
                  2. No deal
                  3. May deal
                  4. Sick to death of Brexit
                  5. I just want to whine at those who voted differently to me
                  6. I want an end to growing inequality in the UK
                  7. I am fed up with the establishment running the country
                  Add in an AndyW option and you may be on to something.
                  England's greatest sailor since Nelson lost the armada.

                  Comment


                    #10
                    Originally posted by Yorkie62 View Post
                    And how does the UK unilaterally revoking A50 fulfil the referendum result?

                    Sent from my SM-G955F using Contractor UK Forum mobile app
                    The referendum was advisory according to the act of Parliament. Parliament makes sovereign decisions; they tried their best to make a reasonable arrangement but they failed.
                    "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

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