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Act of Parliament required for Article 50?

Act of Parliament required for Article 50?

Postby dls » Mon Jul 04, 2016 12:21 pm

The law firm Mishcon de Reya are to seek and if necessary obtain by court proceedings, confirmation of a requirement for some form of primary legislation befoe we give notice to leave the EU

http://www.bbc.co.uk/news/uk-politics-36700350
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Re: Act of Parliament required for Article 50?

Postby diy » Mon Jul 04, 2016 1:02 pm

If I understood the process correctly, there are two parts.
1 - we serve notice to leave and upon the end of the 2 years we no longer benefit from the EU treaties with other EU countries.
2 - we repeal the UK legislation that makes the EU treaties law in the UK.

It would seem possible to do 1 without 2, though not particularly smart. Logic would say its possible to do 2 without 1? But I suspect that doing that might have the same effect as serving article 50 notice.

The process is fairly bonkers.

It would be like a divorce case where the person filing for divorce had two years to agree a settlement or face getting nothing.
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Re: Act of Parliament required for Article 50?

Postby miner » Mon Jul 04, 2016 1:24 pm

diy wrote:
The process is fairly bonkers.


...Which is typical of the sort of crap evolved from within the corridors and offices of the Brussels EuroCircus.

My understanding of the situation which appertains is the same as yours, diy.
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Re: Act of Parliament required for Article 50?

Postby dls » Mon Jul 04, 2016 2:48 pm

No

We pass an Act - but it is not put into effect. We issue a notice. On conclusion of the article 50 process, the Act is brought into effect.

As usual the lawyers in the big firms will get rich(er).
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Re: Act of Parliament required for Article 50?

Postby dls » Tue Jul 05, 2016 9:37 am

See
http://researchbriefings.parliament.uk/ ... fullreport

The summary suggests
Invoking Article 50—The Prime Minister has said it would be for his successor and his or her Cabinet to decide whether the House of Commons should have a vote on the decision to trigger Article 50, the formal process set out in the Treaty on European Union for member states to follow should they decide to leave the EU. Some legal commentators agree that prerogative powers would enable a Prime Minister to take this decision; some have suggested that Parliament could have a role, and others have gone further, arguing that prior parliamentary approval would be required before Article 50 could be invoked.

Overseeing the Negotiation Process—Formal negotiations between the UK and the European Union would not begin until the UK made a notification under Article 50 of its decision to withdraw from the EU. Parliament’s involvement in overseeing or scrutinising such negotiations has not yet been set out in great detail. The chair of the House of Lords European Union Committee has called for Parliament to be “fully involved” in the process.

Ratifying Agreements—Parliament would have a statutory role in ratifying an eventual withdrawal agreement and any other international agreements arising from the negotiations if they were subject to the usual procedure for ratifying treaties. The House of Commons potentially has the power to block the ratification of a treaty indefinitely; the House of Lords does not. Under the terms of Article 50, the UK’s membership would cease two years after it gave formal notification of its intention to leave, if no withdrawal agreement had come into force by that point, although the two-year period could be extended on the unanimous agreement of all EU member states.

Repealing and Reviewing Domestic Legislation—As part of the process of leaving the EU, decisions would need to be made about how to deal with existing domestic legislation passed to enable EU law to have effect in the UK, a process which the House of Lords European Union Committee has described as "domestic disentanglement from EU law". Parliament would have an important role to play in reviewing, repealing, amending and replacing legislation, a process which is predicted by many to be complex and time-consuming. Once the UK had formally triggered Article 50, its timescales would apply independently of Parliament approving domestic legislative changes associated with leaving the EU.
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Re: Act of Parliament required for Article 50?

Postby shootist » Tue Jul 05, 2016 10:50 am

diy wrote:The process is fairly bonkers.


Of course it is. Who could ever have imagined that any country would want to leave this Brave New World?
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Re: Act of Parliament required for Article 50?

Postby diy » Tue Jul 05, 2016 12:46 pm

The exiting state should have the right to terminate the procedure within the 2 years, not have to start a rejoining process, though this may require the clock to stop ticking rather than be reset.

Talking up WTO rules is a good negotiation strategy.
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Re: Act of Parliament required for Article 50?

Postby Hairyloon » Tue Jul 05, 2016 12:57 pm

diy wrote:The exiting state should have the right to terminate the procedure within the 2 years, not have to start a rejoining process...

"Should" is a wonderful word: lots of things should be that aren't, should happen that don't, or should not happen and do.
Yes it should have that right, and if I understand correctly it does have, but only if the other states agree.
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Re: Act of Parliament required for Article 50?

Postby atticus » Tue Jul 05, 2016 1:24 pm

The other states would be entitled to want to feel certain of the UK's commitment to the EU.
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Re: Act of Parliament required for Article 50?

Postby miner » Tue Jul 05, 2016 3:32 pm

atticus wrote:The other states would be entitled to want to feel certain of the UK's commitment to the EU.


I find the EU's and your use of the word "State" interesting, given the following definitions which I have found:

State (polity), an organised community living under a single political structure and government, sovereign or constituent

Sovereign state, a sovereign political entity in international law, commonly referred to as a "country".

I think that the reference to "State" rather than "Country" tells us a lot about the European Commission itself and how its views its own self-styled position.

I also see that that idiot Drunken Juncker has been spouting more of his drivel today. He seems to be becoming an ever-increasing embarrassment to the EU and to Angela Merkel as each day passes.
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