Tag: European Council
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Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part I
This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government. There has been significant confusion about options open to Government and the opposition…
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Oliver Garner: The Benn-Burt Extension Act: A roadblock to a No-deal Brexit?
Introduction: extension and the Rule of Law On 9 September, the EU (Withdrawal) (No.2) Act 2019 (‘Benn-Burt Extension Act’) received Royal Assent. The Benn-Burt Extension Act imposes a statutory duty upon the Prime Minister (if the relevant conditions are met) to request and accept an extension of the withdrawal negotiating period under Article 50(3) TEU. …
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Richard Lang: Consequences of the Extension Deal: A Reply to Professor Allott
I would like to thank Professor Allott for his fascinating post, ‘Unexpected Denouement’. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run’ from Tuesday. I just wanted to be advocatus diaboli on a couple of points, although some extremely able advocates, commenting below the original post, should also be…
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Philip Allott: Unexpected Denouement. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run
The two-year time-limit in Article 50 of the Treaty on European Union has come and gone. It is now possible that no withdrawal agreement between the European Council and the UK will be concluded. This means that the UK would leave the EU in catastrophic circumstances on April 12. An interesting final irony would be…
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Pavlos Eleftheriadis: The Proposed New Legal Settlement of the UK with the EU
In this comment I discuss the proposals for a new settlement between the UK and the EU. As I will show, the precise nature of the draft agreement is unclear. This legal instrument raises difficult issues of both EU and public international law and could potentially cause serious uncertainty or even a constitutional crisis. Press…