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Per ECJ what is the limiting factor on UK unilaterally revoking A.50 notification?
expiry date of WA
No. The expiry date is two years after the A.50 notification has been issued, or the date of the entry into force of the Withdrawal Agreement, whichever is the sooner. Both mark the end of the UK's formal membership of the EU, and the end of any possibility of revoking an A.50 notification.
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."
MODEL (not actual) TEU, WA, ECJ instructions
The WA text and ECJ interpretation of TEU ("judgment" quoted in part above) offered UK gov a ridiculous variety of opportunities to correct their own perversity. But I think we agree, Frank: The probability that the withdrawal agreement enters into force (IF signed and ratified) on or before 29 March 2019 per TEU approaches 0.
I have observed, one reason among many given NOT to enter the withdrawal agreement is its duration in force to exit date.
It is TRUE, sabotaging WA entry into force forecloses UK powers while WA is in force.
It is TRUE, UK High Court foreclosed SNP unilateral power to table a revoking bill.
It is FALSE, UK may modify TEU exit date by means or conditions other than WA terms which are not in force. (That is my read. TEU A.50 ends UK agency in EU. Council agreement to supersede would violate conclusion to negotiations, now submitted. UK retained powers pertain to ECJ narrow judgment and application of Vienna.)
UK gov could but will not obtain Art. 126 extension of WA period -THEN- power to revoke A.50 action on or before 31 Dec 2020 .
Diversity is the key to economic and political evolution.
The withdrawal agreement, if ratified, can take effect BEFORE 29 March, or, at the latest 29th. March - unless the EU Council, in an entirely separate vote - unanimously agree to extend the A.50 notification period.
The Withdrawal agreement ONLY COMES INTO FORCE AFTER the UK has left the EU and no longer has representation or agency within it. It does not extend the UK's membership of the EU, but merely provides the UK with some of the benefits and obligations of membership. The UK can no longer revoke an A.50 notification once the WA has come into force because at that stage it has already left the EU.
Index of Frank's Diaries
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