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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
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