Who must act to prevent Brexit on March 29th? Announcing the arrival of Valued Associate #679:...
Why complex landing gears are used instead of simple,reliability and light weight muscle wire or shape memory alloys?
Resize vertical bars (absolute-value symbols)
Found this skink in my tomato plant bucket. Is he trapped? Or could he leave if he wanted?
My mentor says to set image to Fine instead of RAW — how is this different from JPG?
The Nth Gryphon Number
What order were files/directories output in dir?
what is the log of the PDF for a Normal Distribution?
New Order #6: Easter Egg
Does silver oxide react with hydrogen sulfide?
Delete free apps from library
Is it dangerous to install hacking tools on my private linux machine?
Why not send Voyager 3 and 4 following up the paths taken by Voyager 1 and 2 to re-transmit signals of later as they fly away from Earth?
How were pictures turned from film to a big picture in a picture frame before digital scanning?
Trying to understand entropy as a novice in thermodynamics
What is the origin of 落第?
Caught masturbating at work
One-one communication
Monty Hall Problem-Probability Paradox
Relating to the President and obstruction, were Mueller's conclusions preordained?
Did Mueller's report provide an evidentiary basis for the claim of Russian govt election interference via social media?
What is chord melody?
Random body shuffle every night—can we still function?
Why is the change of basis formula counter-intuitive? [See details]
How does light 'choose' between wave and particle behaviour?
Who must act to prevent Brexit on March 29th?
Announcing the arrival of Valued Associate #679: Cesar Manara
Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern)Can the Government enact the withdrawal bill without parliament's approval?Must the UK leave the EU?Why has Article 50 of Brexit not been enabled yet?Will the British Parliament prevent “Brexit”?What mechanisms exist to prevent “hard” Brexit?Why is the British government waiting until March 29th to officially Brexit?Could the Queen have stopped Brexit?Who made this comment about Brexit and in what context?Did the EU Referendum Act 2015 mandate “the leaflet”?Could the UK unilaterally “restart the clock” on Brexit?What will happen if Parliament votes “no” on each of the Brexit-related votes to be held on the 12th, 13th and 14th of March?
As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?
Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?
Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?
Can this be done by phone or does it require physical letters which must be delivered and accepted?
united-kingdom brexit article-50
edited Mar 25 at 21:48
JJJ
7,25822660
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
add a comment |
As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?
Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?
Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?
Can this be done by phone or does it require physical letters which must be delivered and accepted?
united-kingdom brexit article-50
edited Mar 25 at 21:48
JJJ
7,25822660
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
1
It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.
– origimbo
Mar 25 at 21:48
add a comment |
As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?
Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?
Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?
Can this be done by phone or does it require physical letters which must be delivered and accepted?
united-kingdom brexit article-50
edited Mar 25 at 21:48
JJJ
7,25822660
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?
Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?
Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?
Can this be done by phone or does it require physical letters which must be delivered and accepted?
united-kingdom brexit article-50
united-kingdom brexit article-50
edited Mar 25 at 21:48
JJJ
7,25822660
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
edited Mar 25 at 21:48
JJJ
7,25822660
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
edited Mar 25 at 21:48
JJJ
7,25822660
edited Mar 25 at 21:48
JJJ
7,25822660
edited Mar 25 at 21:48
JJJ
7,25822660
7,25822660
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
asked Mar 25 at 20:00
o.m.o.m.
11.4k22447
11.4k22447
1
It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.
– origimbo
Mar 25 at 21:48
add a comment |
1
It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.
– origimbo
Mar 25 at 21:48
1
1
It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.
– origimbo
Mar 25 at 21:48
It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.
– origimbo
Mar 25 at 21:48
add a comment |
3 Answers
3
active
oldest
votes
The European Council has already agreed to both dates so they don’t need to ratify anything any more.
A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.
In both cases, confirmation in writing will be given but that’s just a formality.
Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.
If it is, then a May 22nd date will apply to allow all the necessary legislation to be passed.
If not, then the UK Government will leave the European Union on April 12th unless they come to an alternative agreement before then.
edited Mar 26 at 13:29
JJJ
7,25822660
answered Mar 25 at 20:27
AlexAlex
4,6801225
1
Isn't it April 12th?
– Denis de Bernardy
Mar 25 at 21:43
1
I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?
– o.m.
Mar 26 at 5:23
@o.m. Not really - the UK leaves the EU under A50 of the Lisbon treaty, not under its own domestic law. What would happen if this didn't pass parliament would be that the UK is still in the EU but domestically would have to pretend it isn't.
– Cubic
Mar 26 at 16:23
@Cubic, the notification according to Article 50 must be in accordance to national constitutional requirements. Surely the same applies to an extension?
– o.m.
Mar 26 at 16:36
@o.m. You're right in the sense that, if they don't go through the motions, the UK leaves the EU on Friday. But it's not a big risk. It's not like they are likely to forget and they have plenty of time.
– Alex
Mar 26 at 17:29
|
show 3 more comments
They need an act of parliament. Not so much because of the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29 2019. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.
The BBC has a nice graph:
edited Mar 26 at 13:40
Peter Mortensen
1716
answered Mar 25 at 21:01
AbigailAbigail
2,100414
2
It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.
– Kevin
Mar 25 at 22:31
26
Do not assume that politician's decisions or votes follow logic or are in any way consistent.
– Aganju
Mar 25 at 23:00
The legal confusion is that the UK already agreed the extension
– Caleth
Mar 25 at 23:29
So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?
– o.m.
Mar 26 at 5:20
3
This answer is unclear. Changing the date to match the options agreed with the EU requires a statutory instrument, not an Act, as described in Alex's answer. An Act is required to implement the Withdrawal Agreement. Other options may or may not require an Act.
– Steve Melnikoff
Mar 26 at 9:56
|
show 1 more comment
Note that unilateral revocation by simple letter of the Prime Minister remains an option.
(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
2
-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912
– Sjoerd
Mar 25 at 23:09
3
That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.
– pjc50
Mar 25 at 23:43
1
@Sjoerd - My reading of your link agrees with pjc50's interpretation. I.e. that it doesn't apply to "remain"; only the requirements of a withdrawal. That's not to say that pjc50's original answer is correct (perhaps it is wrong?) but the link you've given appears to be irrelevant.
– Jeremy Davis
Mar 26 at 7:06
The ECJ ruling on whether it's possible to revoke article 50 (curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/…) states that "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council." IMHO a simple letter of the Prime Minister would not meet these criteria if the Parliament does not repeal the Withdrawal act.
– Peteris
Mar 26 at 13:27
@Peteris but in other people's opinions, it would. If anyone wanted to argue it, they'd have to go to the ECJ
– Caleth
Mar 26 at 14:05
add a comment |
Your Answer
StackExchange.ready(function() {
var channelOptions = {
tags: "".split(" "),
id: "475"
};
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function() {
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled) {
StackExchange.using("snippets", function() {
createEditor();
});
}
else {
createEditor();
}
});
function createEditor() {
StackExchange.prepareEditor({
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader: {
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
},
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
});
}
});
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function () {
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f39806%2fwho-must-act-to-prevent-brexit-on-march-29th%23new-answer', 'question_page');
}
);
Post as a guest
Required, but never shown
3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
The European Council has already agreed to both dates so they don’t need to ratify anything any more.
A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.
In both cases, confirmation in writing will be given but that’s just a formality.
Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.
If it is, then a May 22nd date will apply to allow all the necessary legislation to be passed.
If not, then the UK Government will leave the European Union on April 12th unless they come to an alternative agreement before then.
edited Mar 26 at 13:29
JJJ
7,25822660
answered Mar 25 at 20:27
AlexAlex
4,6801225
1
Isn't it April 12th?
– Denis de Bernardy
Mar 25 at 21:43
1
I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?
– o.m.
Mar 26 at 5:23
@o.m. Not really - the UK leaves the EU under A50 of the Lisbon treaty, not under its own domestic law. What would happen if this didn't pass parliament would be that the UK is still in the EU but domestically would have to pretend it isn't.
– Cubic
Mar 26 at 16:23
@Cubic, the notification according to Article 50 must be in accordance to national constitutional requirements. Surely the same applies to an extension?
– o.m.
Mar 26 at 16:36
@o.m. You're right in the sense that, if they don't go through the motions, the UK leaves the EU on Friday. But it's not a big risk. It's not like they are likely to forget and they have plenty of time.
– Alex
Mar 26 at 17:29
|
show 3 more comments
The European Council has already agreed to both dates so they don’t need to ratify anything any more.
A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.
In both cases, confirmation in writing will be given but that’s just a formality.
Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.
If it is, then a May 22nd date will apply to allow all the necessary legislation to be passed.
If not, then the UK Government will leave the European Union on April 12th unless they come to an alternative agreement before then.
edited Mar 26 at 13:29
JJJ
7,25822660
answered Mar 25 at 20:27
AlexAlex
4,6801225
1
Isn't it April 12th?
– Denis de Bernardy
Mar 25 at 21:43
1
I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?
– o.m.
Mar 26 at 5:23
@o.m. Not really - the UK leaves the EU under A50 of the Lisbon treaty, not under its own domestic law. What would happen if this didn't pass parliament would be that the UK is still in the EU but domestically would have to pretend it isn't.
– Cubic
Mar 26 at 16:23
@Cubic, the notification according to Article 50 must be in accordance to national constitutional requirements. Surely the same applies to an extension?
– o.m.
Mar 26 at 16:36
@o.m. You're right in the sense that, if they don't go through the motions, the UK leaves the EU on Friday. But it's not a big risk. It's not like they are likely to forget and they have plenty of time.
– Alex
Mar 26 at 17:29
|
show 3 more comments
The European Council has already agreed to both dates so they don’t need to ratify anything any more.
A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.
In both cases, confirmation in writing will be given but that’s just a formality.
Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.
If it is, then a May 22nd date will apply to allow all the necessary legislation to be passed.
If not, then the UK Government will leave the European Union on April 12th unless they come to an alternative agreement before then.
edited Mar 26 at 13:29
JJJ
7,25822660
answered Mar 25 at 20:27
AlexAlex
4,6801225
The European Council has already agreed to both dates so they don’t need to ratify anything any more.
A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.
In both cases, confirmation in writing will be given but that’s just a formality.
Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.
If it is, then a May 22nd date will apply to allow all the necessary legislation to be passed.
If not, then the UK Government will leave the European Union on April 12th unless they come to an alternative agreement before then.
edited Mar 26 at 13:29
JJJ
7,25822660
answered Mar 25 at 20:27
AlexAlex
4,6801225
edited Mar 26 at 13:29
JJJ
7,25822660
edited Mar 26 at 13:29
JJJ
7,25822660
edited Mar 26 at 13:29
JJJ
7,25822660
7,25822660
answered Mar 25 at 20:27
AlexAlex
4,6801225
answered Mar 25 at 20:27
AlexAlex
4,6801225
answered Mar 25 at 20:27
AlexAlex
4,6801225
4,6801225
1
Isn't it April 12th?
– Denis de Bernardy
Mar 25 at 21:43
1
I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?
– o.m.
Mar 26 at 5:23
@o.m. Not really - the UK leaves the EU under A50 of the Lisbon treaty, not under its own domestic law. What would happen if this didn't pass parliament would be that the UK is still in the EU but domestically would have to pretend it isn't.
– Cubic
Mar 26 at 16:23
@Cubic, the notification according to Article 50 must be in accordance to national constitutional requirements. Surely the same applies to an extension?
– o.m.
Mar 26 at 16:36
@o.m. You're right in the sense that, if they don't go through the motions, the UK leaves the EU on Friday. But it's not a big risk. It's not like they are likely to forget and they have plenty of time.
– Alex
Mar 26 at 17:29
|
show 3 more comments
1
Isn't it April 12th?
– Denis de Bernardy
Mar 25 at 21:43
1
I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?
– o.m.
Mar 26 at 5:23
@o.m. Not really - the UK leaves the EU under A50 of the Lisbon treaty, not under its own domestic law. What would happen if this didn't pass parliament would be that the UK is still in the EU but domestically would have to pretend it isn't.
– Cubic
Mar 26 at 16:23
@Cubic, the notification according to Article 50 must be in accordance to national constitutional requirements. Surely the same applies to an extension?
– o.m.
Mar 26 at 16:36
@o.m. You're right in the sense that, if they don't go through the motions, the UK leaves the EU on Friday. But it's not a big risk. It's not like they are likely to forget and they have plenty of time.
– Alex
Mar 26 at 17:29
1
1
Isn't it April 12th?
– Denis de Bernardy
Mar 25 at 21:43
Isn't it April 12th?
– Denis de Bernardy
Mar 25 at 21:43
1
1
I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?
– o.m.
Mar 26 at 5:23
I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?
– o.m.
Mar 26 at 5:23
@o.m. Not really - the UK leaves the EU under A50 of the Lisbon treaty, not under its own domestic law. What would happen if this didn't pass parliament would be that the UK is still in the EU but domestically would have to pretend it isn't.
– Cubic
Mar 26 at 16:23
@o.m. Not really - the UK leaves the EU under A50 of the Lisbon treaty, not under its own domestic law. What would happen if this didn't pass parliament would be that the UK is still in the EU but domestically would have to pretend it isn't.
– Cubic
Mar 26 at 16:23
@Cubic, the notification according to Article 50 must be in accordance to national constitutional requirements. Surely the same applies to an extension?
– o.m.
Mar 26 at 16:36
@Cubic, the notification according to Article 50 must be in accordance to national constitutional requirements. Surely the same applies to an extension?
– o.m.
Mar 26 at 16:36
@o.m. You're right in the sense that, if they don't go through the motions, the UK leaves the EU on Friday. But it's not a big risk. It's not like they are likely to forget and they have plenty of time.
– Alex
Mar 26 at 17:29
@o.m. You're right in the sense that, if they don't go through the motions, the UK leaves the EU on Friday. But it's not a big risk. It's not like they are likely to forget and they have plenty of time.
– Alex
Mar 26 at 17:29
|
show 3 more comments
They need an act of parliament. Not so much because of the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29 2019. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.
The BBC has a nice graph:
edited Mar 26 at 13:40
Peter Mortensen
1716
answered Mar 25 at 21:01
AbigailAbigail
2,100414
2
It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.
– Kevin
Mar 25 at 22:31
26
Do not assume that politician's decisions or votes follow logic or are in any way consistent.
– Aganju
Mar 25 at 23:00
The legal confusion is that the UK already agreed the extension
– Caleth
Mar 25 at 23:29
So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?
– o.m.
Mar 26 at 5:20
3
This answer is unclear. Changing the date to match the options agreed with the EU requires a statutory instrument, not an Act, as described in Alex's answer. An Act is required to implement the Withdrawal Agreement. Other options may or may not require an Act.
– Steve Melnikoff
Mar 26 at 9:56
|
show 1 more comment
They need an act of parliament. Not so much because of the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29 2019. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.
The BBC has a nice graph:
edited Mar 26 at 13:40
Peter Mortensen
1716
answered Mar 25 at 21:01
AbigailAbigail
2,100414
2
It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.
– Kevin
Mar 25 at 22:31
26
Do not assume that politician's decisions or votes follow logic or are in any way consistent.
– Aganju
Mar 25 at 23:00
The legal confusion is that the UK already agreed the extension
– Caleth
Mar 25 at 23:29
So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?
– o.m.
Mar 26 at 5:20
3
This answer is unclear. Changing the date to match the options agreed with the EU requires a statutory instrument, not an Act, as described in Alex's answer. An Act is required to implement the Withdrawal Agreement. Other options may or may not require an Act.
– Steve Melnikoff
Mar 26 at 9:56
|
show 1 more comment
They need an act of parliament. Not so much because of the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29 2019. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.
The BBC has a nice graph:
edited Mar 26 at 13:40
Peter Mortensen
1716
answered Mar 25 at 21:01
AbigailAbigail
2,100414
They need an act of parliament. Not so much because of the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29 2019. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.
The BBC has a nice graph:
edited Mar 26 at 13:40
Peter Mortensen
1716
answered Mar 25 at 21:01
AbigailAbigail
2,100414
edited Mar 26 at 13:40
Peter Mortensen
1716
edited Mar 26 at 13:40
Peter Mortensen
1716
edited Mar 26 at 13:40
Peter Mortensen
1716
1716
answered Mar 25 at 21:01
AbigailAbigail
2,100414
answered Mar 25 at 21:01
AbigailAbigail
2,100414
answered Mar 25 at 21:01
AbigailAbigail
2,100414
2,100414
2
It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.
– Kevin
Mar 25 at 22:31
26
Do not assume that politician's decisions or votes follow logic or are in any way consistent.
– Aganju
Mar 25 at 23:00
The legal confusion is that the UK already agreed the extension
– Caleth
Mar 25 at 23:29
So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?
– o.m.
Mar 26 at 5:20
3
This answer is unclear. Changing the date to match the options agreed with the EU requires a statutory instrument, not an Act, as described in Alex's answer. An Act is required to implement the Withdrawal Agreement. Other options may or may not require an Act.
– Steve Melnikoff
Mar 26 at 9:56
|
show 1 more comment
2
It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.
– Kevin
Mar 25 at 22:31
26
Do not assume that politician's decisions or votes follow logic or are in any way consistent.
– Aganju
Mar 25 at 23:00
The legal confusion is that the UK already agreed the extension
– Caleth
Mar 25 at 23:29
So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?
– o.m.
Mar 26 at 5:20
3
This answer is unclear. Changing the date to match the options agreed with the EU requires a statutory instrument, not an Act, as described in Alex's answer. An Act is required to implement the Withdrawal Agreement. Other options may or may not require an Act.
– Steve Melnikoff
Mar 26 at 9:56
2
2
It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.
– Kevin
Mar 25 at 22:31
It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.
– Kevin
Mar 25 at 22:31
26
26
Do not assume that politician's decisions or votes follow logic or are in any way consistent.
– Aganju
Mar 25 at 23:00
Do not assume that politician's decisions or votes follow logic or are in any way consistent.
– Aganju
Mar 25 at 23:00
The legal confusion is that the UK already agreed the extension
– Caleth
Mar 25 at 23:29
The legal confusion is that the UK already agreed the extension
– Caleth
Mar 25 at 23:29
So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?
– o.m.
Mar 26 at 5:20
So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?
– o.m.
Mar 26 at 5:20
3
3
This answer is unclear. Changing the date to match the options agreed with the EU requires a statutory instrument, not an Act, as described in Alex's answer. An Act is required to implement the Withdrawal Agreement. Other options may or may not require an Act.
– Steve Melnikoff
Mar 26 at 9:56
This answer is unclear. Changing the date to match the options agreed with the EU requires a statutory instrument, not an Act, as described in Alex's answer. An Act is required to implement the Withdrawal Agreement. Other options may or may not require an Act.
– Steve Melnikoff
Mar 26 at 9:56
|
show 1 more comment
Note that unilateral revocation by simple letter of the Prime Minister remains an option.
(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
2
-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912
– Sjoerd
Mar 25 at 23:09
3
That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.
– pjc50
Mar 25 at 23:43
1
@Sjoerd - My reading of your link agrees with pjc50's interpretation. I.e. that it doesn't apply to "remain"; only the requirements of a withdrawal. That's not to say that pjc50's original answer is correct (perhaps it is wrong?) but the link you've given appears to be irrelevant.
– Jeremy Davis
Mar 26 at 7:06
The ECJ ruling on whether it's possible to revoke article 50 (curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/…) states that "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council." IMHO a simple letter of the Prime Minister would not meet these criteria if the Parliament does not repeal the Withdrawal act.
– Peteris
Mar 26 at 13:27
@Peteris but in other people's opinions, it would. If anyone wanted to argue it, they'd have to go to the ECJ
– Caleth
Mar 26 at 14:05
add a comment |
Note that unilateral revocation by simple letter of the Prime Minister remains an option.
(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
2
-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912
– Sjoerd
Mar 25 at 23:09
3
That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.
– pjc50
Mar 25 at 23:43
1
@Sjoerd - My reading of your link agrees with pjc50's interpretation. I.e. that it doesn't apply to "remain"; only the requirements of a withdrawal. That's not to say that pjc50's original answer is correct (perhaps it is wrong?) but the link you've given appears to be irrelevant.
– Jeremy Davis
Mar 26 at 7:06
The ECJ ruling on whether it's possible to revoke article 50 (curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/…) states that "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council." IMHO a simple letter of the Prime Minister would not meet these criteria if the Parliament does not repeal the Withdrawal act.
– Peteris
Mar 26 at 13:27
@Peteris but in other people's opinions, it would. If anyone wanted to argue it, they'd have to go to the ECJ
– Caleth
Mar 26 at 14:05
add a comment |
Note that unilateral revocation by simple letter of the Prime Minister remains an option.
(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
Note that unilateral revocation by simple letter of the Prime Minister remains an option.
(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
answered Mar 25 at 21:40
pjc50pjc50
9,19812040
9,19812040
2
-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912
– Sjoerd
Mar 25 at 23:09
3
That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.
– pjc50
Mar 25 at 23:43
1
@Sjoerd - My reading of your link agrees with pjc50's interpretation. I.e. that it doesn't apply to "remain"; only the requirements of a withdrawal. That's not to say that pjc50's original answer is correct (perhaps it is wrong?) but the link you've given appears to be irrelevant.
– Jeremy Davis
Mar 26 at 7:06
The ECJ ruling on whether it's possible to revoke article 50 (curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/…) states that "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council." IMHO a simple letter of the Prime Minister would not meet these criteria if the Parliament does not repeal the Withdrawal act.
– Peteris
Mar 26 at 13:27
@Peteris but in other people's opinions, it would. If anyone wanted to argue it, they'd have to go to the ECJ
– Caleth
Mar 26 at 14:05
add a comment |
2
-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912
– Sjoerd
Mar 25 at 23:09
3
That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.
– pjc50
Mar 25 at 23:43
1
@Sjoerd - My reading of your link agrees with pjc50's interpretation. I.e. that it doesn't apply to "remain"; only the requirements of a withdrawal. That's not to say that pjc50's original answer is correct (perhaps it is wrong?) but the link you've given appears to be irrelevant.
– Jeremy Davis
Mar 26 at 7:06
The ECJ ruling on whether it's possible to revoke article 50 (curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/…) states that "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council." IMHO a simple letter of the Prime Minister would not meet these criteria if the Parliament does not repeal the Withdrawal act.
– Peteris
Mar 26 at 13:27
@Peteris but in other people's opinions, it would. If anyone wanted to argue it, they'd have to go to the ECJ
– Caleth
Mar 26 at 14:05
2
2
-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912
– Sjoerd
Mar 25 at 23:09
-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912
– Sjoerd
Mar 25 at 23:09
3
3
That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.
– pjc50
Mar 25 at 23:43
That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.
– pjc50
Mar 25 at 23:43
1
1
@Sjoerd - My reading of your link agrees with pjc50's interpretation. I.e. that it doesn't apply to "remain"; only the requirements of a withdrawal. That's not to say that pjc50's original answer is correct (perhaps it is wrong?) but the link you've given appears to be irrelevant.
– Jeremy Davis
Mar 26 at 7:06
@Sjoerd - My reading of your link agrees with pjc50's interpretation. I.e. that it doesn't apply to "remain"; only the requirements of a withdrawal. That's not to say that pjc50's original answer is correct (perhaps it is wrong?) but the link you've given appears to be irrelevant.
– Jeremy Davis
Mar 26 at 7:06
The ECJ ruling on whether it's possible to revoke article 50 (curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/…) states that "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council." IMHO a simple letter of the Prime Minister would not meet these criteria if the Parliament does not repeal the Withdrawal act.
– Peteris
Mar 26 at 13:27
The ECJ ruling on whether it's possible to revoke article 50 (curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/…) states that "The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council." IMHO a simple letter of the Prime Minister would not meet these criteria if the Parliament does not repeal the Withdrawal act.
– Peteris
Mar 26 at 13:27
@Peteris but in other people's opinions, it would. If anyone wanted to argue it, they'd have to go to the ECJ
– Caleth
Mar 26 at 14:05
@Peteris but in other people's opinions, it would. If anyone wanted to argue it, they'd have to go to the ECJ
– Caleth
Mar 26 at 14:05
add a comment |
Thanks for contributing an answer to Politics Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function () {
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fpolitics.stackexchange.com%2fquestions%2f39806%2fwho-must-act-to-prevent-brexit-on-march-29th%23new-answer', 'question_page');
}
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function () {
StackExchange.helpers.onClickDraftSave('#login-link');
});
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
1
It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.
– origimbo
Mar 25 at 21:48