Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
1. EU Council "Negotiating Directives issued by the Council on 22 May 2017" has been scrubbed.
See body of European Commission receives mandate to begin negotiations with the UK (22 May 2017)

2. Garner's full legal analysis, question put to ECJ review, "syllabus" (premises of argument), and case law citations. I note with interest, as I indicated before, the subjects in dispute are ultimately (separation of powers) in the UK legislature in accordance with the "constitutional requirements of the Member State"(A50);

The purpose of the reference is to clarify for Members of Parliament whether it would be a legally valid option under Section 13 of the European Union (Withdrawal) Act* to withhold a resolution approving any negotiated withdrawal agreement, or lack thereof, and instead vote to revoke notification under Article 50(2).
* a/k/a in the UK "the Withdrawal Bill," "the Repeal Bill," or "the Withdrawal Act"

and the so-called second limb of ECJ review, namely the authority of the ECJ to judge an event which has not occurred --a statute prescribing revocation, unilateral revocation of A50-- evoked by a "Member of State" (devolved gov of Sc'land). This "limb" too contemplates separation of powers (exec, judicial, legislative) in EU gov --ECJ interpretation of statute that does not exist, a judgement, as force of law (exec and leg authority).

On 8 June 2018 the Lord Ordinary at first instance refused the petition upon three grounds: (1) the issue was hypothetical as the United Kingdom government had stated that they did not intend to revoke notification; (2) the matter was outside the Court's jurisdiction as it encroached upon Parliamentary Sovereignty; and (3) the conditions for a referral under EU law had not been met as the facts were not ascertainable and the issue was hypothetical.
Garner goes on to sketch alternative legal strategies for the petitioners of which, I note with interest, appeal to articles of the Vienna Convention on the Law of Treaties (VCLT).

All in all, I stand by my prediction.

Great pick, Oui.

Diversity is the key to economic and political evolution.

by Cat on Mon Sep 24th, 2018 at 09:20:14 PM EST
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