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UK acquired de facto third-country status viz. the EU on 29 March 2019 by having failed any negotiated withdrawal agreement with EU per A.50(3). "A.50(3) period" extension is a temporary remedy to (injunction, interdict, stay of) de jure UK third-country status. UK recourse to TEU is dependent on EU agreement to extension of the "A.50(3) period" or on UK revoking A.50(2) instead of approving the negotiated WA.

Were parliament to approve the WA, the WA is time limited, not permanent. On the exit date 31 Dec 2020 UK acquires third-country status.

EU public statements deny any intention to agree another WA, Ireland Protocol inclusive. Therefore, the basis of EU-UK negotiation currently is UK exit strategy demonstrating the extent of UK compliance with existing EURLEX regulation and implementation.

"can": EU public statements confirm willingness to  review UK exit strategy. UK parliament can approve the negotiated WA. UK can proffer consideration of customs plans and implementation for EU extension of "A.50(3) period". UK cannot proffer consideration of an customs regime without approval by UK parliament.

UK cannot effect unilateral approval of any "A.50(3) period". UK cannot decline agreement to any "A.50(3) period" without parliamentary approval. EU can decline agreement of "A.50(3) period" for any reason.

"must": UK and EU negotiated agreements must conform to TEU, VCLT, and GFA terms of contracting parties. EU public statements confirm that UK exit strategy must satisfy minimum obligations of GFA signatories in perpetuity. UK may not erect barriers to movement of goods, capital, and people between NI and IE.
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Because Corbyn cannot or may not guarantee UK agreement with the WA or any EU regulation for any period of time without approval of parliament, his political status --like May's and Johnson's-- is irrelevant to EU decision to (dis)continue "A.50 period". UK and EU horizons diverged 29 Mar 2019.

Diversity is the key to economic and political evolution.

by Cat on Sun Sep 29th, 2019 at 01:32:25 AM EST
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