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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 ]


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