20-09-2020, 05:54 PM
12
Re: The EU Cannot Ever Be Trusted1
Originally Posted by shropshiregirl
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They're at it again!!https://www.express.co.uk/news/polit...ics_newsletter
Can anyone explain to me how they could hope to do that?
I can understand it if they try to prevent any trains entering or leaving France or even a half-way point between our two nations, but how can they dictate what we do on our side of the border?
Personally, it wouldn't matter a jot to me if the tunnel were to be completely closed down.
I'm sure it's just the usual meaningless bluster they have become renowned for.
20-09-2020, 07:21 PM
13
Re: The EU Cannot Ever Be Trusted1
https://www.connexionfrance.com/Fren...Tunnel-runningHowever the UK may be reluctant to agree.
20-09-2020, 08:05 PM
14
Re: The EU Cannot Ever Be Trusted1
Originally Posted by Cinderella
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https://www.connexionfrance.com/Fren...Tunnel-runningS*d that, surely this should have been sorted yonks ago. If all else fails block the bloody tunnel up, if necessary, midway.
"At present the Canterbury treaty says disputes between France and the UK related to the tunnel should be settled by an ‘arbitral tribunal’ made up of eminent lawyers appointed by France and the UK, who in turn appoint another from a non-EU state.
The commission proposes this should continue but says that where disputes relate to interpretation of EU law, the tribunal should refer the issues to the ECJ and be bound by its decisions."
Like hell!
The Frogs and the EU would dearly love for us to remain under the ultimate rule of the ECJ, and keeping our part of the Chunnel under their control is their next best option.
I can't see any realistic outcome that would satisfy both the Frogs and ourselves, other than to appoint a completely independent authority, but from where?
It surely could not be of any connection with the EU or the UK. Swiss? Norwegian? Russian? Who?
Whoever it turns out to be, the costs and profits should be shared equally between the EU and the UK, of course.
The easiest option would be to simply shut the thing down and block up each end. That would suit me!
21-09-2020, 03:17 PM
16
Re: The EU Cannot Ever Be Trusted1
Originally Posted by JBR
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The nitty gritty:"At present the Canterbury treaty says disputes between France and the UK related to the tunnel should be settled by an ‘arbitral tribunal’ made up of eminent lawyers appointed by France and the UK, who in turn appoint another from a non-EU state.
The commission proposes this should continue but says that where disputes relate to interpretation of EU law, the tribunal should refer the issues to the ECJ and be bound by its decisions."
Like hell!
The Frogs and the EU would dearly love for us to remain under the ultimate rule of the ECJ, and keeping our part of the Chunnel under their control is their next best option.
I can't see any realistic outcome that would satisfy both the Frogs and ourselves, other than to appoint a completely independent authority, but from where?
It surely could not be of any connection with the EU or the UK. Swiss? Norwegian? Russian? Who?
Whoever it turns out to be, the costs and profits should be shared equally between the EU and the UK, of course.
The easiest option would be to simply shut the thing down and block up each end. That would suit me!
04-10-2020, 10:21 PM
17
Re: The EU Cannot Ever Be Trusted1
Originally Posted by Percy Vere
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Someone should tell the bloody Commission that the Canterbury Treaty is a bi-lateral agreement between the UK and France and has SFA to do with the rest of the EU.
In the negotiations of frost and barnier the matter of governance is an important item. It includes dispute settlement. The mechanism agreed on in these negotiations will apply on the tunnel too.
14-10-2020, 09:47 PM
18
Re: The EU Cannot Ever Be Trusted1
Originally Posted by Percy Vere
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Someone should tell the bloody Commission that the Canterbury Treaty is a bi-lateral agreement between the UK and France and has SFA to do with the rest of the EU.
EU-UK relations: Council adopts Channel Tunnel railway safety measures https://www.consilium.europa.eu/en/p...fety-measures/
This text was added:
Where a dispute submitted to arbitration in accordance with an international
agreement raises a question of interpretation of Union law, the Court of Justice of the
European Union (“Court of Justice”) shall have jurisdiction to give a preliminary
ruling on the question at the request of the arbitral tribunal set up to settle disputes
under that international agreement.
The provisions of Union law governing proceedings before the Court of Justice in
accordance with Article 267 of the Treaty on the Functioning of the European Union
shall apply mutatis mutandis to requests for a preliminary ruling of the Court of
Justice made pursuant to the first subparagraph of this paragraph.
17-10-2020, 03:30 PM
19
Re: The EU Cannot Ever Be Trusted1
Originally Posted by Solasch
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They did. Today the decision was made to amend the canterbury treaty.EU-UK relations: Council adopts Channel Tunnel railway safety measures https://www.consilium.europa.eu/en/p...fety-measures/
This text was added:
Where a dispute submitted to arbitration in accordance with an international
agreement raises a question of interpretation of Union law, the Court of Justice of the
European Union (“Court of Justice”) shall have jurisdiction to give a preliminary
ruling on the question at the request of the arbitral tribunal set up to settle disputes
under that international agreement.
The provisions of Union law governing proceedings before the Court of Justice in
accordance with Article 267 of the Treaty on the Functioning of the European Union
shall apply mutatis mutandis to requests for a preliminary ruling of the Court of
Justice made pursuant to the first subparagraph of this paragraph.
That's nothing more than a lot of wasted electrons because as from December 31st 2020 the UK is not in the EU.
That means EU laws do not apply.
Unless of course we adopt them into our own UK law.
The ECJ can insist upon jurisdiction as much as it wants to but the UK can ignore whatever the ECJ says.
That is why your lovely quote very clearly includes the word "preliminary".
It would appear that you do not realise that this word means that any ECJ "preliminary ruling" really just means that said ruling is no more than a starting point which is open to discussion before a final decision is made.
Put in laymans terms for you: the ECJ may suggest but it cannot make a final decision.
Which is fair enough, no?
18-10-2020, 01:54 PM
20
Re: The EU Cannot Ever Be Trusted1
Originally Posted by Zaphod
->
That's nothing more than a lot of wasted electrons because as from December 31st 2020 the UK is not in the EU.That means EU laws do not apply.
Unless of course we adopt them into our own UK law.
The ECJ can insist upon jurisdiction as much as it wants to but the UK can ignore whatever the ECJ says.
That is why your lovely quote very clearly includes the word "preliminary".
It would appear that you do not realise that this word means that any ECJ "preliminary ruling" really just means that said ruling is no more than a starting point which is open to discussion before a final decision is made.
Put in laymans terms for you: the ECJ may suggest but it cannot make a final decision.
Which is fair enough, no?
Wrong. A*preliminary ruling*is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State. A*preliminary ruling*is a final determinations of EU law, with no scope for appeal. So the provision arranges the jurisdiction of the ECJ on all channel tunnel affairs.
https://eur-lex.europa.eu/legal-cont...ISSUM%3Al14552
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