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Is all EU law a creature of a treaty?

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Re: Is all EU law a creature of a treaty?

Postby LoveandPeace » Sat Jan 28, 2017 8:38 pm

This is what I mean https://www.thescottishsun.co.uk/news/4 ... l-is-done/

What if Scotland votes it down then how would things stand for them then? What could Mundell maybe mean by consequences?

Points 6 - 9 on the following I am of the understanding is of relevance http://www.gov.scot/About/Government/Sewel/KeyFacts with reference to the Great Repeal Bill.

Thank you.
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Re: Is all EU law a creature of a treaty?

Postby dls » Sun Jan 29, 2017 10:41 am

My internet is miserable at eth moment - so cannot watch videos.

The Sewel Convention was found not to have legal effect (or similar) in the recent Supreme Court case. The SNP may differ in its view, but that does not change anything much.
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Re: Is all EU law a creature of a treaty?

Postby LoveandPeace » Sun Jan 29, 2017 6:46 pm

Thank you Mr S.

It wasn't a video. It's this announcement in recent days I am talking off

The Scotland Secretary revealed a key Bill to transfer legislative powers to the UK cannot go ahead without the nod from Holyrood.


What could be the consequences (in legal terms) if it's not voted into Scottish law?
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Re: Is all EU law a creature of a treaty?

Postby Smouldering Stoat » Sun Jan 29, 2017 6:55 pm

By default powers would be exercised by the Westminster Government if not devolved. It is more than likely that an agreement would be reached, or that Westminster would insist that these are not normal circumstances and the Scotland Act does not apply.
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Re: Is all EU law a creature of a treaty?

Postby LoveandPeace » Sun Jan 29, 2017 7:14 pm

Thank you SS. I understand they (HoC) could just over-ride it as they still have full legal control.
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Re: Is all EU law a creature of a treaty?

Postby dls » Mon Jan 30, 2017 4:06 pm

there is no doubt that the positions of scotland and wales and northern ireland will only be resolved with great difficulty.

we have to start by recognising that there was no 'vote of the people of scotland'. there was a uk wide vote.

next, we have to understand that the SNP wants to stir things up enough to be able to cry foul, but dare not trigger an indy-ref 2. They are frightened both of losing it, and of winning it. If they lost it, it would another ? generational loss. Whatever real, difficulties the uk as a whole will go through leaving the EU, they will pale into insignificance next to the difficulties scotland would have leaving the UK at the same time.

There remains a real task to find a balance which properly respects the four nations, but allows still the uk to do a proper job as one entity. I do not think it will be easy.

The scottish government will not have vote on the repeal bill. it will be a vote in london.
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