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If a revocation of Article 50 is deemed legal (unilateral or otherwise) then the Article becomes meaningless. In such case I would expect the Lisbon treaty to be amended to patch the loophole.

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by Luis de Sousa (luis[dot]a[dot]de[dot]sousa[at]gmail[dot]com) on Fri Nov 30th, 2018 at 01:05:40 PM EST
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Why? You could imagine a world in which a country sat down, had a sensible debate, formulated a plan, decided what outcome they wanted and initiated the A50 process to leave the EU perfectly sensibly.

I'm agog at the idea that the current UK clusterfuck would somehow act as an example to be followed by other countries or leaders. It's going to eat two, maybe three PMs, multiple ministers, damage the economy in the medium to long term,  destroy parties and lead to more bloodshed anyway you cut it, even if A50 is withdrawn, for precisely zero benefits from the EU.

If it was a negotiating tactic it was a spectacularly bad one.

It's a cautionary tale.

by Colman (colman at eurotrib.com) on Fri Nov 30th, 2018 at 01:30:52 PM EST
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I think there is a world of difference between a unilateral right to withdraw and a consensual agreement to withdraw. The EU Council almost always acts by consensus, and anything is doable by consensus provided it is not explicitly disallowed in law.

I am actually quite alarmed by the suggestion in the quote below: "Lenaerts made novel suggestion of a "reverse QMV" decision " whereby the UK could Cancel the A.50 notification and the EU Council could only reject their cancellation by QMV.

I can think of no other instance where an individual member can make a major decision effecting all and the onus is in the EU Council to muster a QMV to prevent it. Again we are in danger of inventing rights and procedures which simply do not currently exist.

In practice, I can see no difficulty with the EU Council and the UK agreeing to cancel Brexit especially if only a QMV is required. But the tradition of action by consensus should be upheld.

I am not an expert on the Treaties and case law which mandate how the EU Council should operate, so perhaps someone can correct me here. However the long term practice has been decision by consensus, and I think that practice should be upheld.

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Fri Nov 30th, 2018 at 02:47:26 PM EST
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As a FYI there's currently a High Court case which claims that A50 has no constitutional foundation, because May was well aware of Leave's criminal overspending before the A50 debate, and may have actively suppressed an investigation into it.

This would certainly make the subsequent Parliamentary decision void, and probably also counts as misleading Parliament.

PMs tend to get away with misleading Parliament - see also Blair - but it's not absolutely certain that May would.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Tue Dec 4th, 2018 at 02:22:27 PM EST
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