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EU rule

For discussion of all matters relating to the UK's departure from the European Union

EU rule

Postby diy » Tue Jan 17, 2017 11:44 am

Two things occurred to me today while reading the news that Trump is up for a swift trade deal with Britain.

1. According to the EU commission Britain is not allowed to do a trade deal until after its left the EU. The thought "or else what?" springs to mind. How would the EU bring a case against Britain once its left the EU, are we not in effect terminating our contract? Under who's jurisdiction would such a claim be heard?

I can understand that members are banned from doing side trade deals, but who in their right mind would do an exit deal with such empty pockets?

2. A lot of legal precedents have been set in the UK based on EU court of justice rulings - one assumes that given "lower" UK courts have ruled one way and the EU court the other, the EU ruling is nullified and the lower court ruling stands?
My suggestions are not legal advice
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Re: EU rule

Postby Smouldering Stoat » Tue Jan 17, 2017 12:08 pm

1 (a) The World Trade Organisation's. Further, We have signed a treaty undertaking not to conclude any trade deals. Asking others to conclude an agreement with us while indicating our unwillingness to be bound by our agreements may not be a strong negotiating position.

(b) Us.

2 Who knows? A lot of lawyers are going to make a lot of money. Nobody knows what will happen if, for example, we follow a precedent which has been set by the CJEU, but which is corrected by a further decision after we've left.
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Re: EU rule

Postby atticus » Tue Jan 17, 2017 12:27 pm

Q2. I do not share diy's assumption. One (in this case me) assumes that judgments of the European Court made while the UK is a member of the EU will remain binding.

One also assumes that Brexit legislation will address the point.
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Re: EU rule

Postby Hairyloon » Tue Jan 17, 2017 12:57 pm

I would hesitate to assume anything about the Brexit legislations: any assumptions we make would be based on thoughts coming from a (relatively speaking) rational mind...
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Re: EU rule

Postby diy » Tue Jan 17, 2017 2:29 pm

atticus wrote:Q2. I do not share diy's assumption. One (in this case me) assumes that judgments of the European Court made while the UK is a member of the EU will remain binding.

One also assumes that Brexit legislation will address the point.


So in effect the president remains until its successfully appealed/repealed by a new higher court in the uk, which is currently a lower court, overturning the ruling which was previously overturned by that other court and set by this lower court which becomes the new higher court.
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Re: EU rule

Postby Hairyloon » Tue Jan 17, 2017 2:54 pm

You mean precedent. The president will remain until he has served his term, or is assassinated or impeached.
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Re: EU rule

Postby atticus » Tue Jan 17, 2017 3:01 pm

Does diy himself understand his last post?
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Re: EU rule

Postby diy » Tue Jan 17, 2017 3:10 pm

Yes

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Re: EU rule

Postby atticus » Tue Jan 17, 2017 3:54 pm

Today the Prime Minister has given a speech in which she has said:

"... As we repeal the European Communities Act we will convert the "acquis" - the body of existing EU law - into British law. This will give the country maximum certainty as we leave the EU. The same rules will apply on the day after Brexit as they did before."
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Re: EU rule

Postby Hairyloon » Tue Jan 17, 2017 4:07 pm

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