Brexit Declaration by government  

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Offline the leveller

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Brexit Declaration by government  
« on: July 12, 2017, 08:30:56 PM »
To.  Mr Julian Sturdy MP  (York Outer)

 Dear Mr Sturdy.  
                         I am forwarding two comments in the British print media today of which you may not be aware, the first of which concerns a possible judgment by the ECJ on the outcome of a future settlement with the EU, and the serious consequences which  an adverse judgment would have as a result.

   It illustrates incidentally how vital it is for Britain to reject entirely  political moves from any quarter for the UK to remain subject to the ECJ if we are to regain our full independence and sovereignty.  

Sir David Edward is an ex-judge of the ECJ and so he will be well aware, and more qualified than most, to assess the legalities of any 'deal' with the EU being subject to ECJ jurisdiction as he states:

"'The terms of Article 50 come under the jurisdiction of Luxembourg. (ECJ) 'Any agreement between the EU and the UK can be referred to the European Court and must be compatible with EU law,'
(I strongly recommend you look at the whole article, as clearly any ruling by the ECJ would, as far as the EU is concerned, be irrevocable and final, even if  what is considered to be a favourable deal for the UK is finally negotiated.)
  Clearly, this could be the  unplanned for and un-anticipated "cliff edge" which would entirely destroy all Brexit hopes and would frustrate the  democratic vote by the British electorate last June in the referendum.  The implications are all too obvious and would lead to an unprecedented political and constitutional crisis, and not least a fresh mandate to be sought by government from the people.
Granted, this is at present a hypothetical situation, but nonetheless an adverse ruling by the ECJ can by no means be ruled out.

 Connected with this is a second media comment today reporting:

 "Britain is planning for all eventualities in Brexit talks with the European Union, Prime Minister Theresa May's spokeswoman said on Tuesday when asked whether the government had prepared for leaving the bloc without a deal. deal" - Independent

I write to ask therefore for clarification of the government's position as regards the "all eventualities" scenario which clearly is vitally important and will no doubt be considered in detail in the coming weeks and months.

As you know, the EU has already indicated it proposes raising a number of issues with a negotiating UK government, some of which have already been aired in the British media, namely a suggested Brexit "bill" of untold £Billions payable by UK taxpayers as a pre-negotiation issue, (although there is nothing in Article 50 of the TEU to authorise any conditional pre-negotiation issue),  the future status of Gibraltar, and  future reciprocal rights of UK/EU citizens amongst other things.

Please confirm that the government will consider, and if necessary will invoke, clauses in  the Vienna Convention on Treaties specifically relevant to treaty disputes, as a "planned eventuality" if the European Union is found to negotiate in bad faith in the coming negotiations.
I would be grateful for an e mailed reply (no hard copy letter required) before the parliamentary recess.

With thanks
Yours sincerely

Mr G Wood (York)
Brexit Declaration by government

Good letter, but
(1)  Vienna permits us to withdraw on 3 or 12 months notice, depending on the article used.  It would have little bearing on a UK/EU deal and
(2)  Whilst any deal has to be compliant with community law the same goes for the UK, i.e. it also has to be compatible with applicable UK legislation including the 'Great Repeal Bill'.  ECJ review of the deal only comes into play however if there actually is a deal, which is wildly improbable.
Without a deal there will be no need to transpose EU directives and regulations into British law.  The LibDems and SNP are therefore shooting themselves in the foot by trying to block the Henry VIII cases - if they did we simply don't bother doing the transposition, which would be far too expensive anyway

Michael Shrimpton Q.C.
It seems to me that any acceptance of the idea of “negotiations” under Article 50 with the EU is a fait accompli that the EU will prevent the UK from leaving.
Leaving is of course precisely what the EU does not want / will not permit so “they” and our treasonably Remainer politicians will work tirelessly to ensure the issue becomes so quagmired that Brexit never happens  -  very sadly


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