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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).
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.
All in all, I stand by my prediction.
Great pick, Oui.
Diversity is the key to economic and political evolution.
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