The EU devil is still in the detail

You’re receiving this email because you signed this petition: “Leave the EU immediately”.

Dear Dr Andrew Emerson,

The Government has responded to the petition you signed – “Leave the EU immediately”.

Government responded:

The country voted to leave the EU, and this Government respects that. A smooth and orderly exit is in the interest of both the UK and the EU.

The country voted to leave the EU, and the Government is clear that there must be no attempts to remain inside the EU, no attempts to rejoin it through the back door, and no second referendum.

In leaving the EU the Government will seek the best deal for the UK maximising the benefits from leaving the EU – control over our borders, laws and money – while maintaining the greatest possible access to EU markets and continuing to work with our European neighbours on common problems. After withdrawal, [How long after?] the UK will bring an end to the direct jurisdiction [What about ‘indirect’ jurisdiction?] of the Court of Justice of the European Union (CJEU) in the United Kingdom.

The Prime Minister has been clear that the days of Britain making vast contributions to the European Union every year will end [So we haven’t subjected our armed forces to EU control after all?]. The European Commission has set out the European Union’s position on the financial settlement, and the Government is undertaking a rigorous examination of the detail of this.

The Government has already introduced legislation to ensure the UK exits the EU with certainty, continuity and control. A smooth and orderly exit is in the national interest and further legislation will be introduced to deliver that.

Both the UK and the EU should want to achieve the best possible outcome and the strongest possible partnership for the future. The Government believes that a deep and special partnership [How will this differ from our existing ‘partnership’?] between an independent UK and the EU is in the interests of both sides.

Department for Exiting the European Union

Dr Emerson’s response:

Dear Gang of Traitors,

Your proposals imply that the UK will cease formally to be a member state of the EU on Brexit Day but will continue to be bound by EU laws and regulations throughout the Implementation Period (a transition period the proposals anticipate lasting two years). Significantly, this period will probably form part of the Withdrawal Agreement which can be adopted by the EU Council by qualified majority voting without the need for Member State ratification. This is because Article 50 of the Treaty on the Functioning of the European Union (TFEU) provides for a withdrawal agreement to provide for a ‘framework of the departing Member State’s future relationship with the Union’.

Consequently, while in principle and as stated in the Proposals, the UK will cease to be an EU Member State on 29 March 2019, in practice, during the Implementation Period, we will continue to be bound by ‘the existing structure of EU rules and regulations’, which will include continued membership of the Single Market and Customs Union, so that during the Implementation Period ‘access to one another’s markets should continue on current terms’.

As the Implementation Period will form part of an EU legislative act, the totality of EU law, including the Withdrawal Agreement, will in all probability continue to be directly effective before UK and EU courts throughout the period. Therefore, throughout this period the Court of Justice of the European Union (CJEU) can be expected to retain the final say concerning the interpretation and application within the UK of the totality of EU law, including even the Withdrawal Agreement itself!

There is an obvious contradiction between this legal outcome and the provisions of the UK Withdrawal Bill, currently before Parliament. This adopts EU law in its totality as at Brexit Day (the so called EU ‘Acquis’) but, inter alia, repeals from 29 March 2019 the principle of the supremacy of EU law and the jurisdiction of the European courts, delegating to ministers the power to modify or repeal any EU law post-Brexit Day.

Shamefully, it now seems likely that the Withdrawal Bill will be the subject of significant amendment to provide for the continued full force and effect of EU law throughout the Implementation Period, including the continued jurisdiction of the European courts. You can check out any time you like but you can never leave.

Brexit delayed is democracy denied and Brexit in name only is no Brexit at all.

Patria

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