Friday, 8 July 2016

It is Brexit (8) - Points of interest

A)  Two weeks after the 52% to 48% referendum result in favour of the UK leaving the EU, the legal debate continues apace.  I have argued - and still do so - in favour of Parliamentary involvement in the process.  The UK is a parliamentary democracy and the referendum decision is NOT legally a decision taken by the United Kingdom as a State to withdraw.  It could certainly become a decision of the UK if it were to be formally endorsed by Parliament by way of an Act - please see the earlier post - It is Brexit (3).  Others have strongly argued that Parliament does not have to be involved in the process of giving notice under Article 50 since Ministers already have the prerogative power, in foreign affairs, to do this - (there are links in It is Brexit 3).

We know
that there is a possibility of legal action to decide this point - see It is Brexit (7) - and solicitors (Mishcon de Reya) have sent a letter to the government - Article 50. Our letter to the government.  A response to this letter by 4pm on 15th July has been requested.  There is also another (similar) matter before the High Court - see Jack of Kent - The two Article 50 claims 8th July.

B)  The Article 50 process has received a detailed treatment by Dr Philip Syrpis in Eutopialaw 8th July 2016 - What's next? An analysis of the EU law questions surrounding Article 50 TEU (Part 1)

C)  Finally, is a second referendum required before the UK may withdraw.  Professor Mark Elliott argues that it is not - Brexit. Should there, and does there have to, be a second referendum?

D)  For a political argument that Scotland or Northern Ireland could reject Brexit on the basis that, unless those nations consent, it would be a violation of the UK's constitutional settlement see this article by Jo Mukens - LSE blog

During the passage of the Referendum Bill, the idea of requiring a vote in favour of leave in each of England, Scotland, Wales and Northern Ireland was rejected in Parliament - see here.

E)  Interestingly, the Prime Minister has announced that Sir Julian King is to be the UK's Commissioner to the EU.  Please read that article to see how the appointment process works within the EU.

F)  The EU and NATO have reached a new co-operation agreement - see blog of European Council President.   On 8 July, President Donald Tusk and President Jean-Claude Juncker met US President Barack Obama for an EU-US leaders meeting in the margins of the NATO summit in Warsaw, Poland.   Leaders  underlined transatlantic unity and discussed cooperation across a range of priorities. These priorities include counter-terrorism, strengthening economic growth and addressing the global refugee crisis.  Leaders also reflected on the global consequences of the UK referendum.
On the same day, the EU and NATO signed a joint declaration on increasing practical cooperation in areas including hybrid threats, cyber security and maritime security.

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