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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.

Index of Frank's Diaries

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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