(October 21, 2018 at 6:01 pm)Wololo Wrote:(October 21, 2018 at 1:38 pm)pgrimes15 Wrote: My conclusion that the UK could abandon A50 and continue as before is also the opinion of Lord Kerr who drafted the article.
One man's opinion isn't worth shit, especially when you consider these two salient facts, 1) Kerr hasn't taken the political realities into account (he's a prime example of the kind of person who discounts the EU in negotiations with the EU) and 2) he's not the one who will decide in the long run who gets the veto on a decision to revoke Art 50 (in this case if it does go all the way it'll be the ECJ who'll decide and if they don't throw the revocation out of court altogether {see below for why} almost definitely say either the European Council or the European Parliament).
And even if the UK had the letter of the law on its side (it doesn't because the treaty doesn't actually talk about a revocation of Art 50 {most likely meaning there is no provision in law for a revocation}), it doesn't have the realities on the ground on its side. If the EU27 decides the UK is out, guess what, the UK hasn't a hope in hell of persuading anybody it's in.
Actually the only legal opinion on revoking Art 50 is contained in this European Parliament resolution stating that "a revocation of notification needs to be subject to conditions set by all EU-27, so that it cannot be used as a procedural device or abused in an attempt to improve on the current terms of the United Kingdom’s membership." Unless the UK can find some way that that statement and the resolution itself is contrary to the body of EU laws and its constitution it is shit out of luck if it wants to unilaterally revoke Art 50.
So, Pgrimes, if you want Art 50 revoked you'd better make sure the Maybot and everybody else in the nasty party is very good at brown nosing.
OK. Let's just take it down a notch.
Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful. — Edward Gibbon