While May’s away, the mice they play. The Cabinet are on manoeuvres about the need and desirability of a transitional agreement in the case of concluding the Article 50 Brexit negotiations. As I have said a couple of times, this requires extreme clarity as to whether a transitional agreement  is in the words of the European Union Act 2011, a “Treaty amending or replacing the TEU or TFEU“. If so, either a Referendum, or a Parliamentary vote that one is not required must take place.

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3 thoughts on “Transition

  • 30th July 2017 at 11:24 am

    In Section 4 of the Act, the circumstance in which a Referendum is required are listed. Sub Section 4.1.i says, the conferring on an EU institution or body of power to impose a requirement or obligation on the United Kingdom, or the removal of any limitation on any such power of an EU institution or body;. If the UK were to loose most importantly its Council of Ministers Veto, I’d say this clause would be engaged, but I am not a lawyer. I’d also argue that the loss of our nominated Judges, Commissioner and MEPs, would also be triggers for engaing this clause.

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