Too little, too late | 83 comments (83 topical, editorial, 0 hidden)

"once they're out" (none / 1)

meaning, the stipulated mandatory date of exit, expiry date, or "conclusion" of the WA . The effects of that phrase are context-sensitive, ie. termination of negotiation, termination of a period of time, termination of UK membership in the TEU ("entry into force").

The WA conditionally releases UK from TEU rights, obligations, and (some) liabilities. It does not replace the TEU (with ETA). The WA "concludes" negotiation of procedures for exit, including but limited to disposal of community property and legal obligations. ECJ judgment about WA scope relies on TEU limitations.

The WA alters the mandatory date of exit from 29 March 2019 (de minimis period, A.50 notification minus 24 months) to 31 Dec 2020 (ADDING 21 months to the period), ergo the Council already approved extension of the withdrawal period. The EP has not yet approved, "concluded" or ratified, the WA.

Any requirement by UK to proffer a unique A.50 instrument to alter the statutory terms or A.50 notification period is fallacious. This is an error propagated by some UK politicians or press for speculations hinting that a narrow application of A.50 and ECJ judgment for "time limit" or wtf in order to obtain parliamentary ratification of the WA or PM "concessions" from the EU. This reasoning is as defective as was interpretation of "transition period" or "implementation period" over the prior two years, ostensibly superimposing ETA codification onto the WA.

reference
Opinion
Judgement
[29 - 30 in re: UK ratification]
[40 - in re: objection to serial extension of negotiations]
[51 - 54]: "That maximum period of two years applies unless the European Council decides, unanimously and in agreement with the Member State concerned, to extend it."
[57, 69, 73,75]: "for as long as a withdrawal agreement concluded between the European Union and that Member State has not entered into force or, if no such agreement has been concluded, for as long as the two-year period laid down in Article 50(3) TEU, possibly extended in accordance with that provision, has not expired."

Diversity is the key to economic and political evolution.

by Cat on Sat Jan 12th, 2019 at 10:40:22 PM EST
[ Parent ]

Re: "once they're out" (none / 0)

errata:

A.50 notification plus 24 months

Diversity is the key to economic and political evolution.

by Cat on Sat Jan 12th, 2019 at 10:45:29 PM EST
[ Parent ]

Re: "once they're out" (none / 1)

"WA alters the mandatory date of exit from 29 March 2019"

I think you are mistaken. The withdrawal agreement provides for a 21 Month transition or implementation period after Brexit day during which the UK continues to enjoy some of the benefits and obligations of membership but is no longer actually formally a member. It will no longer have representatives in the EP or the Council or have any decision making rights.

Quite separately the European Council might, by unanimous consent, agree to an extension of the A.50 notice period beyond 29th. March but that is not part of the Withdrawal Agreement which only needs to be approved by weighted majority vote on the Council and by the EP.

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sat Jan 12th, 2019 at 11:01:59 PM EST
[ Parent ]

limiting factor (none / 0)

A limiting factor is a variable of a system that, if subject to a small change, causes a non-negligible change in an output or other measure of the system.

Per ECJ what is the limiting factor on UK unilaterally revoking A.50 notification?
expiry date of WA

What is the limiting factor on expiry date of WA (dependent variable)
de minimis: A.50 notification date (independent variable) + 24 months (constant variable)
-or, unless, for as long as (conditional tests*)-
de minimis + extension of expiry (independent var) agreed by the parties' heads of state, ie. PM + EU Council

What is the limiting factor on agreement by the parties to (A) WA or (B) revocation of A.50?
ratification of (A) or (B) by the parties' legislatures according to each state's constitutional requirements

:: TRANSITION, ARTICLE 126, Transition period, p196 (14 Nov 2018)

There shall be a transition or implementation period, which shall start on the date of entry into force of this Agreement* and end on 31 December 2020.

* on or before 29 March 2019

Diversity is the key to economic and political evolution.

by Cat on Sat Jan 12th, 2019 at 11:46:24 PM EST
[ Parent ]

No (4.00 / 2)

Per ECJ what is the limiting factor on UK unilaterally revoking A.50 notification?
expiry date of WA

No. The expiry date is two years after the A.50 notification has been issued, or the date of the entry into force of the Withdrawal Agreement, whichever is the sooner. Both mark the end of the UK's formal membership of the EU, and the end of any possibility of revoking an A.50 notification.

Article 50.3:

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period."

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sun Jan 13th, 2019 at 12:07:46 AM EST
[ Parent ]

DICTION CORNER (none / 1)

conditional statements
"or, unless, for as long as"
testing the WA period (between entry and exit dates)
in which UK retains unilateral power to revoke A.50 action -ELSE- exit TEU as stipulated.

MODEL (not actual) TEU, WA, ECJ instructions

The WA text and ECJ interpretation of TEU ("judgment" quoted in part above) offered UK gov a ridiculous variety of opportunities to correct their own perversity. But I think we agree, Frank: The probability that the withdrawal agreement enters into force (IF signed and ratified) on or before 29 March 2019 per TEU approaches 0.

I have observed, one reason among many given NOT to enter the withdrawal agreement is its duration in force to exit date.

It is TRUE, sabotaging WA entry into force forecloses UK powers while WA is in force.

It is TRUE, UK High Court foreclosed SNP unilateral power to table a revoking bill.

It is FALSE, UK may modify TEU exit date by means or conditions other than WA terms which are not in force. (That is my read. TEU A.50 ends UK agency in EU. Council agreement to supersede would violate conclusion to negotiations, now submitted. UK retained powers pertain to ECJ narrow judgment and application of Vienna.)

UK gov could but will not obtain Art. 126 extension of WA period -THEN- power to revoke A.50 action on or before 31 Dec 2020 .

Diversity is the key to economic and political evolution.

by Cat on Sun Jan 13th, 2019 at 03:24:16 AM EST
[ Parent ]

Re: DICTION CORNER (4.00 / 2)

More like a switch statement with a default of no-deal Brexit.

by asdf on Sun Jan 13th, 2019 at 03:57:10 AM EST
[ Parent ]

Re: DICTION CORNER (none / 0)

that works too, but you know coder conceit boils down to brevity, read my mind.

Diversity is the key to economic and political evolution.

by Cat on Sun Jan 13th, 2019 at 09:16:56 PM EST
[ Parent ]

NO! (4.00 / 3)

"THEN- power to revoke A.50 action on or before 31 Dec 2020 ."

The withdrawal agreement, if ratified, can take effect BEFORE 29 March, or, at the latest 29th. March - unless the EU Council, in an entirely separate vote - unanimously agree to extend the A.50 notification period.

The Withdrawal agreement ONLY COMES INTO FORCE AFTER the UK has left the EU and no longer has representation or agency within it. It does not extend the UK's membership of the EU, but merely provides the UK with some of the benefits and obligations of membership. The UK can no longer revoke an A.50 notification once the WA has come into force because at that stage it has already left the EU.

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sun Jan 13th, 2019 at 06:57:28 PM EST
[ Parent ]

Too little, too late | 83 comments (83 topical, 0 editorial, 0 hidden)

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