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Solasch
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26-06-2019, 01:50 PM
1

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.
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Bread
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26-06-2019, 01:53 PM
2

Re: Slowly moving to no deal brexit

Go Boris !
Donkeyman
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26-06-2019, 02:34 PM
3

Re: Slowly moving to no deal brexit

Originally Posted by Solasch ->
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.
Exactly what we want Solly!
Thanks for your analysis ! I was getting a little bit pessimistic
about having to wait for Nigel to win the next belection?
You and l are obviously looking from different ends of the
telescope?

Regards Donkeyman!
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Solasch
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26-06-2019, 02:45 PM
4

Re: Slowly moving to no deal brexit

Originally Posted by Donkeyman ->
Exactly what we want Solly!
Thanks for your analysis ! I was getting a little bit pessimistic
about having to wait for Nigel to win the next belection?
You and l are obviously looking from different ends of the
telescope?

Regards Donkeyman!
While you have rain and thunder, we are suffering a tropical heat wave. Perhaps I can brighten your day even more?

Suppose parliament (tories specific) table a vote of no confidence, to stop boris from no deal. By end of october. Triggering a general election. The election will be past october 31.
Corbyn's remain strategy for labour will fail miserably. Voters for brexit party will all gather behind boris who has by that time delivered on his promises to leave, and conservatives win the election by a wide margin. Farage will be completely eradicated, from both europarliament and HoC.
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26-06-2019, 02:54 PM
5

Re: Slowly moving to no deal brexit

QUESTION?...…..As most of you know I'm not that much into Politics and a lot of it simply goes over my head. If we end up with "no deal" doesn't that have to go through Parliament? This was where Mrs May came unstuck, what if it's not passed? Then what?
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Solasch
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26-06-2019, 03:39 PM
6

Re: Slowly moving to no deal brexit

Originally Posted by Roxy ->
QUESTION?...…..As most of you know I'm not that much into Politics and a lot of it simply goes over my head. If we end up with "no deal" doesn't that have to go through Parliament? This was where Mrs May came unstuck, what if it's not passed? Then what?
The UK membership is based on international rules. The UK has informed the EU of the intention to leave. According to EU law, which as international law supercedes UK law, the membership ends on october 31. On this date the UK will leave the EU, except in the case of these scenarios: 
1. The Withdrawal Agreement has already been approved, ratified and implemented by the UK and EU during the current extension period. 
2. The Government has asked for and been granted another extension of Article 50.  
3. The Government has revoked Article 50 and the UK has stayed in the EU.  

The UK can request another extension, but as matters stand, the EU is not enthusiastic about that idea.
swimfeeders
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26-06-2019, 03:56 PM
7

Re: Slowly moving to no deal brexit

Originally Posted by Solasch ->
The UK membership is based on international rules. The UK has informed the EU of the intention to leave. According to EU law, which as international law supercedes UK law, the membership ends on october 31. On this date the UK will leave the EU, except in the case of these scenarios: 
1. The Withdrawal Agreement has already been approved, ratified and implemented by the UK and EU during the current extension period. 
2. The Government has asked for and been granted another extension of Article 50.  
3. The Government has revoked Article 50 and the UK has stayed in the EU.  

The UK can request another extension, but as matters stand, the EU is not enthusiastic about that idea.
Hi

No, No and No.

The Withdrawal Agreement has not been ratified by the UK.

It needs to be ratified by Parliament, which refused to do so, so it is not part of UK Law.

It is a meaningless scrap of paper.

As far as withdrawing Article 50, yes we can.

There is nothing the EU can do to stop us withdrawing it and then starting the whole process again.

it was a Democratic Vote to leave, rightly or wrongly.

It is not for a Political Elite to overturn Democracy.

It would be best for everyone if we leave on 31st October.

We can get on with our future and the EU can get on with it's future.
itsme
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26-06-2019, 04:17 PM
8

Re: Slowly moving to no deal brexit

Originally Posted by swimfeeders ->
Hi

No, No and No.

The Withdrawal Agreement has not been ratified by the UK.

It needs to be ratified by Parliament, which refused to do so, so it is not part of UK Law.

It is a meaningless scrap of paper.

As far as withdrawing Article 50, yes we can.

There is nothing the EU can do to stop us withdrawing it and then starting the whole process again.

it was a Democratic Vote to leave, rightly or wrongly.

It is not for a Political Elite to overturn Democracy.

It would be best for everyone if we leave on 31st October.

We can get on with our future and the EU can get on with it's future.
It would appear that leaving the EU on the 31st Oct has totally nothing to do with UK law, because, EU Law supersedes UK law in this matter.

After the 31st we don't exist as a member unless as solasch describes we revoke article 50 (yeh yeh lets do that ) or we ask for and be GRANTED an extension.

So much for the propaganda message from the man who paints happy passengers on cardboard boxes, of taking back control.
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Bread
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Sudbury, United Kingdom
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26-06-2019, 04:44 PM
9

Re: Slowly moving to no deal brexit

Originally Posted by itsme ->
It would appear that leaving the EU on the 31st Oct has totally nothing to do with UK law, because, EU Law supersedes UK law in this matter.

After the 31st we don't exist as a member unless as solasch describes we revoke article 50 (yeh yeh lets do that ) or we ask for and be GRANTED an extension.

So much for the propaganda message from the man who paints happy passengers on cardboard boxes, of taking back control.

It's EU law as well

In order to revoke Article 50 we would have to change UK law and EU law - we can do that but it would destroy our country's democracy forever.

No extension will be granted by the EU this time - Macron will not allow it.

It's not Boris you have too worry about, its his cabinet that will be appointed and all the remainers thrown out.

Like I said.... here come Boris !
Realist
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26-06-2019, 09:37 PM
10

Re: Slowly moving to no deal brexit

One could also argue that the EU treaty also states that any member state wishing to leave should be able to have a Withdrawal Agreement. The EU thus far has not really offered us a WA, they have simply offered a fake withdrawal deal that pretty much keeps us in the EU in all but name. The EU are therefore breaking their own laws. On that basis why should we worry about breaking them too?!

Nevertheless, all seems on track for us to get out of the EU cesspit on a NO DEAL basis which is frankly excellent because the savvy realise that No Deal is the only way we will ever escape the clutches of these megalomanic bureaucrats.

We will take the pain of No Deal, we WILL get through it at whatever costs and we WILL emerge out the other side stronger, with our nationality intact and as a FREE nation. We will be the envy of the member states who will find themselves increasingly locked into the EU cesspit and doubtless the EU masters will be frantically revising EU law to make it harder and harder (if not practically impossible) for other member states to leave. The Exit door will close firmly behind us I'm sure and other member states will quickly realise their "lock in" status.

It won't take long however for the whole thing to collapse. There will simply be revolution. Internal rebellion as member state after member state simply ignore the crass EU rules and stick 2 fingers up at them.

What will the EU do? Throw them out? That's surely what they want!

It's a dead horse. It just hasn't stopped twitching yet.
 
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