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And the EU27 would be tasked with deciding what is lawful or unlawful in the UK? With reference to an unwritten constitution? Seriously?
by Bernard on Sat Sep 7th, 2019 at 10:07:18 AM EST
[ Parent ]
Didn't they implicitly agree to this when they let them in in the first place?
by gk (gk (gk quattro due due sette @gmail.com)) on Sat Sep 7th, 2019 at 11:19:41 AM EST
[ Parent ]
No, the EU27 don't get to make judicial determinations, but the EJC could be asked to decide if a case is taken that far by a UK litigant. After all A.50 operates in the context of the member state in question acting in accordance with its own constitution. That would be the final humiliation for the Brexiteers, of course. The hated ECJ telling them what's what!

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sat Sep 7th, 2019 at 03:17:17 PM EST
[ Parent ]
No. The EU did not implicitly agree to legislate for member-states or adjudicate disputes of national statutes. Signatories of the TEU agree to conform their statutes with EU directives, "implicitly" pursuant to a uniform code among member states and observance of international treaties by member states. See "cherry picking".

First of all, EU directives do not supercede national constitutions and legislation. AFAIK, TEU does not vest unilateral and supranational police powers in EU gov. EU gov doesn't even possess tax authority! Memeber-states' legislatures voluntarily submit GDP proportional capital to each session. Reduction of or withholding budget subsidies and appointments to EU agencies by the EC may be "derogatory", but neither is a police action.

Second, national and EU jurisdictions are severable. The superior court of a member-state must invite ECJ review of disputed EU code in its jurisdiction before any member legislature even decides whether or not to conform the offending act(s) to ECJ opinion and orders. See Hungary, Poland, Romania [!].

Third, US-UK do not do international law. m'k.
Fourth, the ECJ ruled Dec 2018 on lawful (Vienna) petition for delay of TEU A50 conclusion. Remember?

Diversity is the key to economic and political evolution.

by Cat on Sat Sep 7th, 2019 at 08:49:50 PM EST
[ Parent ]
With reference to a law that is probably within the purview of the ECJ?

Things are going to slide, slide in all directions
Won't be nothing
Nothing you can measure anymore
L. Cohen
by john_evans (john(dot)evans(dot)et(at)gmail(dot)com) on Sat Sep 7th, 2019 at 02:09:39 PM EST
[ Parent ]
It isn't going to be hard for the EU to ignore Johnson if he's held in contempt of Parliament and/or ends up in jail.
by ThatBritGuy (thatbritguy (at) googlemail.com) on Sat Sep 7th, 2019 at 05:02:52 PM EST
[ Parent ]
I think it will be.

BoJo "in jail" is a UK domestic, criminal charge. Are you expecting Johnson to appeal a conviction to the ECHR before or after 31 Oct in order to further delay UK exit from the TEU?

Diversity is the key to economic and political evolution.

by Cat on Sat Sep 7th, 2019 at 08:55:02 PM EST
[ Parent ]
I'm expecting Johnson to resign before he goes to jail and the UK to elect a caretaker who will deliver the extension letter almost immediately.

If Johnson doesn't resign Parliament has a number of other options, including emergency legislation to work around the limitations of the Fixed Term Act.

Either way - unless Johnson goes full Pinochet and puts the army on the streets, this is already over.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Sat Sep 7th, 2019 at 09:15:59 PM EST
[ Parent ]
That would deter other EU members secession, one hopes, perhaps.

Diversity is the key to economic and political evolution.
by Cat on Sat Sep 7th, 2019 at 09:55:08 PM EST
[ Parent ]
All he has to do is prevaricate and delay. He's got a specific timeline to follow, but it won't become clear that he has failed to deliver the letter until at least a day after his deadline (19 October), then it requires some sort of action by parliament--not likely to be instantaneous--and then possibly a lawsuit. If there were months or weeks of time to do it, that would be one thing.

What are the steps to imprison a sitting prime minister? Presumably a remoaner would apply to some (which?) court for an injunction on 21 October (the 20th a Sunday), then a judge would issue a summons on the 22nd? There would have to be some kind of a hearing, maybe a couple of days (23,24)? An appeal (25, 26)? Maybe on Monday 28 October BoJo is finally confronted with actually complying or going to jail. He goes to jail (29th), parliament agrees (?) Corbyn (!) to deliver the text to the EU (30), he shows up in Brussels on the 31st. EU waves magic wand and everything's good until January.

Very tight timeline.

by asdf on Sat Sep 7th, 2019 at 10:39:06 PM EST
[ Parent ]
Maybe Corbyn will appeal BoJo's conviction to ECHR in order to delay BREXIT.

Diversity is the key to economic and political evolution.
by Cat on Sat Sep 7th, 2019 at 09:00:13 PM EST
[ Parent ]

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