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  Mortimer Posts: 13,936

  January 2018

  Erste

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  ydoethur Posts: 67,181

  January 2018 edited January 2018

  Curse of the new thread:

  DavidL said:

  I didn't really want to bring Brexit up but the Court of Session has allowed what I presume is a judicial review past the sift which seeks a determination as to whether or not the UK can unilaterally suspend the Article 50 notice. The petition is brought in the name of MPs, MEPs, and MSPs of 4 parties (no tories). The Advocate General has been ordered to lodge answers in 21 days.
  
  I think the intention is to seek a reference to the CJEU on the question. Whether that would be capable of (a) being achieved and (b) being answered before the UK has left must be uncertain.

  I'm surprised at this because the relevant clauses seem pretty clear, and give the straightforward answer 'no'.
  
  However, in the real world I am fairly sure that if we changed our minds and shamefacedly asked to recant A50 a means would be found for us to do so by a delighted EU. Most countries would be happy to have us back and any that wished to be awkward (e.g. Luxembourg, Spain) would probably find their 'no' vote mysteriously changed to 'yes' on the way to the count. This is for two simple reasons. Not only would that kill any thought of anyone else trying to leave, but it would also bring us back in with all that lovely trade and money and intelligence data but also severely weakened and having lost much of our prestige and a number of European agencies, leaving the Francophile vision of big state federalism truly triumphant.
  
  Which is why, no matter how badly Barnier and Davis bugger up talks between them, Theresa May is about as likely to do it as John Macdonnell is to endorse the sale of Network Rail to a group of hedge funds.
  
  (PS I do hope I've chosen the right thread - although poor old Mr Dancer will have lost one.)

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