Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: naturalman1975

Article 50 gives all the negotiating power to the EU. It guarantees the ECJ a say, and possibly even the ECHR. It’s an expanded version of the secession clauses that were in the USSR’s constitutions.

It is not a foregone conclusion that EU courts would have jurisdiction over a rebus sic stantibus invocation, because that involves the Vienna conventions and UK sovereignty has to be respected in that case.


5 posted on 02/20/2017 7:05:02 PM PST by Olog-hai
[ Post Reply | Private Reply | To 4 | View Replies ]


To: Olog-hai
It's hardly something I am an expert in - but this may explain things: Article 50 TEU: Withdrawal of a Member State from the EU

I'm told it does by people who are apparently experts. Short version as I understand it - Article 50 is fairly unambiguous (Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.) whereas whether withdrawal under clausula rebus sic stantibus is highly debatable for two reasons - references to the EU as inherently permanent in what is now Article 53, and the fact that the UK would find it hard to argue that the possibility of 'changed circumstances' had not been contemplated, given the debates of the 1970s (where British politicians expressly stated that they worried the treaty would be broadened) - under the Vienna conventions, clausula rebus sic stantibus does not apply if the changes were contemplated and so should have been taken into account when the treaty was signed.

6 posted on 02/20/2017 7:13:41 PM PST by naturalman1975 ("America was under attack. Australia was immediately there to help." - John Winston Howard)
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson