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Thread: The Brexit bottom line ...

  1. #11836
    Should Get Out More DefTrap's Avatar
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    Default Re: The Brexit bottom line ...


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    Good brexit news for irie, saga and ant at last.

    https://www.kentonline.co.uk/dover/n...ogging-213622/

  2. #11837
    Should Get Out More Pirahna's Avatar
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    Default Re: The Brexit bottom line ...

    Ant's only interested in sausage dogging.

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  4. #11838
    Expecting rain saga_lout's Avatar
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by DefTrap View Post
    Good brexit news for irie, saga and ant at last.

    https://www.kentonline.co.uk/dover/n...ogging-213622/
    I'm in Essex. Can you give me the benefit of your experience and direct me to some dogging sites a bit closer to home*? Thanks.



    * So I can avoid them of course.

  5. #11839
    Should Get Out More irie's Avatar
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by saga_lout View Post
    I'm in Essex. Can you give me the benefit of your experience and direct me to some dogging sites a bit closer to home*? Thanks.



    * So I can avoid them of course.
    This is where DefTrap goes, near his Cambridge 'gaff' of course.

    https://www.dogging-society.com/gb/p...-dogging.shtml

  6. #11840
    Should Get Out More irie's Avatar
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by Wiki
    The European Union (Withdrawal) (No. 2) Act 2019, also known as the Benn Act after its parliamentary sponsor Hilary Benn, is an Act of Parliament that requires the Prime Minister of the United Kingdom to seek an extension to the Brexit withdrawal date—currently scheduled for 31 October 2019—in certain circumstances.
    Seems to me that there remain two ways the above Act could perhaps be circumnavigated.

    Firstly, to argue that international law trumps/usurps UK law, thereby avoiding the requirement to request an extension.

    Secondly, for the government to resign, thus there would be no government or Prime Minister to request an extension.

    Or perhaps the former, followed by a Supreme Court hearing, and thereafter if the government is ruled against, an appeal to the European Court of Justice, and if the government again ruled against, followed by the latter?

    Perhaps the lawyers will come up with other wheezes and counter wheezes?

    Edit: It would be in Macron/France's interests to veto an extension because this would leave France as the only nuclear power EU member, the only permanent member of the UN Security Council in the EU, and would remove UK blocking of many of France's EU ambitions such as an EU army (French of course ).
    Last edited by irie; 10-10-19 at 06:41.

  7. #11841
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    Default Re: The Brexit bottom line ...

    AFAIK the European courts only trump UK ones in matters of EU law. The Benn act is an entirely domestic law and hence the European courts have no jurisdiction. It's the same reason Boris could not have gone to Europe to appeal the surpeme court ruling on his prorogation.

    On the second point...can the government still resign these days now that we have the fixed term act?

  8. #11842
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by irie View Post
    Or perhaps the former, followed by a Supreme Court hearing, and thereafter if the government is ruled against, an appeal to the European Court of Justice, and if the government again ruled against, followed by the latter?
    Sounds like a long, drawn out process.

  9. #11843
    Should Get Out More irie's Avatar
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by Mr. Dazzle View Post
    AFAIK the European courts only trump UK ones in matters of EU law. The Benn act is an entirely domestic law and hence the European courts have no jurisdiction. It's the same reason Boris could not have gone to Europe to appeal the surpeme court ruling on his prorogation.
    The 'Benn' Act requires a request for an extension of Article 50 of an international treaty, the Lisbon/Treaty on the European Union.

    On the second point...can the government still resign these days now that we have the fixed term act?
    Yes, the FTA does not prevent the resignation of a government or person.

  10. #11844
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    Default Re: The Brexit bottom line ...

    It does....but it's UK law. It's not a european law. Thus european courts can't do anything with/about it.

    Edit: From Wiki.

    The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ.

  11. #11845
    Should Get Out More irie's Avatar
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by Mr. Dazzle View Post
    It does....but it's UK law. It's not a european law. Thus european courts can't do anything with/about it.

    Edit: From Wiki.

    The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ.
    Article 50 is part of the Lisbon Treaty which is European law and subject to the jurisdiction of the European Court of Justice.

  12. #11846
    Should Get Out More Yambo's Avatar
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by Mr. Dazzle View Post
    It does....but it's UK law.

    It's a one-off piece of legislation to force a single person of high office to do one particular thing.

    That isn't law.

  13. #11847
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by irie View Post
    Article 50 is part of the Lisbon Treaty which is European law and subject to the jurisdiction of the European Court of Justice.
    I don't disagree that Article 50 is european law. However the stuff that forces Boris to send letters and what not is UK law (i.e. "national law" as above) and hence the ECJ is powerless to intervene. The text you quoted even says the Benn act is "an act of parliament", i.e. a UK law.

    This has always been the case, which is part of the reason I can't get as exercised as some people do over "lack of sovereignty".

  14. #11848
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by Yambo View Post
    It's a one-off piece of legislation to force a single person of high office to do one particular thing.

    That isn't law.
    Everything parliament does or has ever done is in the form of a law. That's their only power. There are plenty of other times when a law has only been used once.

  15. #11849
    Should Get Out More irie's Avatar
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    Default Re: The Brexit bottom line ...

    Quote Originally Posted by Mr. Dazzle View Post
    I don't disagree that Article 50 is european law.

    However the stuff that forces Boris to send letters and what not is UK law (i.e. "national law" as above) and hence the ECJ is powerless to intervene. The text you quoted even says the Benn act is "an act of parliament", i.e. a UK law.

    This has always been the case, which is part of the reason I can't get as exercised as some people do over "lack of sovereignty".
    The 'Benn Act' explicitly prescribes an action which must be performed in relation to Article 50 of the 'Lisbon Treaty'.

  16. #11850
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    Default Re: The Brexit bottom line ...

    Yeah it does....but that doesn't make it a European law. Hence...

    . It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ.

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