Slowly moving to no deal brexit
The European Council Decision of 22 March and the EUCO Decision of 11 April set out conditions for extension: they both state that the extension: “excludes any re-opening of the Withdrawal Agreement”. In a letter on 22 March and another on 11 April, the UK’s Permanent Representative to the EU, Sir Tim Barrow, confirmed UK agreement to the extensions and their conditions.
The process for leaving the EU falls under EU law and until the UK leaves the EU, it continues to be a part of the EU legal order.
These Decisions are therefore legally binding on both the EU27 and the UK.
Asking the EU to renegotiate would be a breach of law. Not a strong move for a freshly new pm. Both candidates for pm know this. So both are lying when they tell tory members their aim is renegotiating a deal. But hey, what's new?
In reality both are moving stealthily towards a no deal exit.
Because leaving the EU is an EU law process, at the national level a ‘no-deal’ Brexit can only be avoided if:
1. The Government unilaterally revokes Article 50 TEU and stays in the EU; or
2. Parliament approves and the Government ratifies the Withdrawal Agreement.
Nothing else that the Government or Parliament can do can be relied upon to stop a ‘no-deal’ Brexit on 31 October. Parliament cannot act to prevent ‘no deal’ by itself. It needs to have the Government onside. To delay an automatic ‘no-deal’ exit it can seek to instruct the Prime Minister to ask the EU for another extension of Article 50. But the granting of an extension and any conditions attached to it are for the EU27 to decide, not the UK Government or Parliament.
So boris tries to kick the bin ahead till after october 17 when the european commission convenes. Boris is counting on it that if parliament instructs him to ask for another extension, the EU has no time to decide on it.
By default the UK will leave the EU, and boris is the hero of the day.