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What next in law?

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What next in law?

Postby dls » Fri Jun 24, 2016 3:32 pm

Well, much of it is fairly easy. We have had European Directives. We have transposed them into law with otherwise standard Acts of parliament and statutory instruments. These remain in place - whether in or out of Europe - until and unless repealed by Parliament. It is easy. We need only not implement any more from a particular point.

More difficult, perhaps, are Regulations having direct effect. If Euro law ceases to have effect, these do also. Perhaps we have a saving measure which applies each directly, to be followed by legislation for the parricular instances.
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Re: What next in law?

Postby diy » Fri Jun 24, 2016 9:03 pm

I haven't read article 50, but it seems a strange arrangement where the contract is cancelled rather than the contract is ended. Anyway, the markets seem to suggest this is one of more to come and there is a moderate risk to the erozone.
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Re: What next in law?

Postby atticus » Fri Jun 24, 2016 9:27 pm

Read it then.

Like many contracts, the Lisbon Treaty contains a provision for termination on notice.
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Re: What next in law?

Postby Smouldering Stoat » Fri Jun 24, 2016 9:29 pm

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it. A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

5.If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
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Re: What next in law?

Postby dls » Sat Jun 25, 2016 9:09 am

The position is that we have had a referendum that is an indication to Parliament of the will of the people. It is not, constitutionally, a decision to leave. That decision is one for parliament in some form.
There is therefore no reason - or indeed possibility - yet -for the article 50 notice triggering Brexit to be given.
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Re: What next in law?

Postby Spankymonkey » Sat Jun 25, 2016 11:51 pm

What about rulings made by the ECtHR that constitute (tentative) binding precedent - formerly known as declarations of incompatibility?

Does that mean those declarations that are not bound by the Human Rights Act can be tossed out en masse and fresh judicial review and future appeals can be sought upon such complex matters as privacy laws and hate speech laws. All of which have been significantly over-complicated by the ECHR and the ECtHR?

There is therefore no reason - or indeed possibility - yet -for the article 50 notice triggering Brexit to be given.


I couldn't resist, but would anyone care to speculate what could happen if the government decided to just ignore the referendum or put off the signing of Article 50 indefinitely?

Is there any article that allows the remaining members states to vote us out of the EU in respect of the 'people's will' if our government drags it's heels re article 50?
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Re: What next in law?

Postby atticus » Sun Jun 26, 2016 7:26 am

After some use of my search engine, it appears that the Lisbon Treaty does not contain a process for expulsion of a member state.
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Re: What next in law?

Postby dls » Sun Jun 26, 2016 9:15 am

sm, there is no significant connection between the ECHR and the EU.
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Re: What next in law?

Postby Spankymonkey » Sun Jun 26, 2016 4:52 pm

Yes, I confess to not understanding where the council of Europe ends and the EU begins.

"On 18 December 2014, the Court of Justice issued a negative opinion on the European Union's accession to the ECHR as it would give an external body the power to review the application of EU law, thus bringing the accession to a halt." Pot - Kettle - Black

Perhaps I framed my question the wrong way. Would Britain be forced to implement ECHR rulings as if they were binding precedent once we leave the EU?

After some use of my search engine, it appears that the Lisbon Treaty does not contain a process for expulsion of a member state.


I use 'Ask Atticus' as my search engine.
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Re: What next in law?

Postby dls » Sun Jun 26, 2016 6:33 pm

Perhaps I framed my question the wrong way. Would Britain be forced to implement ECHR rulings as if they were binding precedent once we leave the EU?


Leaving the EU will have no effect per se on our obligations to follow the ECHR (which also has nothing to do with the Council of Europe)
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