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Why the European Council Must not Reject an Article 50 Extension Request
This blogpost argues that, as a matter of EU law, the European Council is not entitled to refuse the United Kingdom's request for an extension, in the present circumstances. In a nutshell, the argument runs as follows. The decision to ask for an extension emanates from the United Kingdom's highest authority, its sovereign Parliament (as confirmed by the UKSC in the prorogation cases). It is a democratic decision which the EU must respect, for else it would be expelling a Member State against its own sovereign and democratic will. Art 50 does not allow this, as the ECJ confirmed in Wightman.
no. Wightman decided, establishd, EU member right of notification to withdraw A.50. Doesn't say a ding dong thing about A.50(3) extension period notification, procedure, or conclusion except unanimous agreement by every member except the secceding party.
The European Council may determine the length of the extension, and impose certain conditions, in agreement with the United Kingdom. But it cannot refuse this extension.
m'k. Duly noted. Next ...
EU nationals lacking settled status could be deported, minister says

Diversity is the key to economic and political evolution.
by Cat on Thu Oct 10th, 2019 at 06:16:44 PM EST
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