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Yes but what the UK have been trying to do is to finesse the legal situation by requesting an extension only until May 22nd. as the elections have to be held from May 23rd. onwards.

But this rather ignores the point that the elections have to be organised from April 12th. as candidates need time to be nominated and run their campaigns. So what the UK is effectively saying is that they guarantee to be gone by May 22nd. to avoid a legal problem with the election.

But this rather ignores the fact that these things never run to plan and that more time is likely to be required to negotiate, agree, and ratify a deal. So the UK is trying to pre-empt and pre-judge the outcome of the negotiations by saying they will be finished by May 22nd. one way or the other.

But if this all goes pearshaped, the UK will have "de facto" left the EU even if no "de jure" deal has been agreed - throwing the whole process into a legal mess and discrediting the EU - which is, above all, predicated on a legal order. The Brexiteers would love that - throwing some sand in the EU's eyes.

So why should the EU buy into this? EU citizens have a right to stand in and vote in EP elections and this involves doing stuff from April 12th. onwards. So my argument is that any extension beyond April 12th. must include participation in EP elections.

Call this the "price" of an extension, or call it whatever you like, the outcome and consequence is the same. The EU desires an "orderly" Brexit, and this does not include disrupting the EP elections and interfering in the rights of EU citizens while they are still EU citizens.

More magical thinking on the part of the UK, I agree.

Interestingly, Corbyn has said he has no strong view on this one way or the other. He doesn't want to attract Brexiteer ire by insisting on elections (which BoJo says will cost £109 Million) but will be quite happy to comply if the EU insists on them.

Negotiations are also about putting facts on the ground. Not holding the elections implies Remaining is simply not an option. Holding the elections forces a delay and means Remain is still very much a live possibility.

The elections would also likely result in a complete humiliation for the Tory party. My guess is they would poll under 20%.

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Wed Apr 3rd, 2019 at 10:50:08 AM EST
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I don't know about that. The legal controversy created by indulging UK intransigence --with recurring "extensions" offers-- has been understated by Council PR. It is not mitigated by further deadline extension; it exacerbates controversy. Council decision to facilitate UK participation up to 22 May, 2019 (by expedient pretext) jeopardizes its responsibility for assuring a reliable EU electoral system. Permitting 24 hours notice of UK admission, or not, to the EP as contingent member is politically counterproductive to decisions already taken.
As regards the UK, given that the time frame for conclusion of a withdrawal agreement is due to end on 29 March 2019, it will no longer be a member of the EU at the time of the elections on 23-26 May 2019, unless the European Council, in agreement with the UK, unanimously decides to extend that period (Article 50(3) TEU). The UK's 73 seats will cease to exist on the date of its departure, and have already partly been redistributed among other Member States by European Council Decision (EU) 2018/937 of 28 June 2018 for the period following the 2019 European elections (1.3.3).
Art.3, ¶1-2 reduces total number of seats to 705. This electoral control, depends not only on UK legal withdrawal before the beginning of this 2019-24 session, it anticipates notice by Council to EU27 of effective conclusion to A.50 action "sufficiently far in advance " to adjust and complete electoral composition before 2024-2029 session [Art.4; European Council Decision of 28 June 2013, Art. 4]. An inconclusive A.50 action, regardless of MEP election in UK, defeats that purpose.

Failing to enforce a conclusion most certainly invites reactionary correctives by EU state, individuals (not UK), and ECJ.

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by Cat on Wed Apr 3rd, 2019 at 03:57:45 PM EST
[ Parent ]
But if this all goes pearshaped, the UK will have "de facto" left the EU even if no "de jure" deal has been agreed - throwing the whole process into a legal mess and discrediting the EU - which is, above all, predicated on a legal order. The Brexiteers would love that - throwing some sand in the EU's eyes.

if this all goes pearshaped, then it will be hard brexit on May 23, and it will be the UK's fault. I can't see why this would reflect badly on the EU.

<cling> The penny drops... I recently decided that I would be visiting Glasgow in the last week of May, to see my daughter's graduation exhibition. I'd better make sure to take cancellation insurance on the tickets.

(Oddly enough my first visit to Glasgow was in the weeks preceding the referendum... Full circle. Subliminal pull of ancestral ties.)

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Thu Apr 4th, 2019 at 06:42:15 AM EST
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