- 22 Jul 2016 23:15
#14704407
There's a loophole in Article 50 that lets Britain back into the EU whenever we want
Business Insider via http://www.msn.com/en-gb/money/news/art ... ar-BBuCmTZ wrote:We asked our witnesses whether it was possible to reverse a decision to withdraw. Both agreed that a Member State could legally reverse a decision to withdraw from the EU at any point before the date on which the withdrawal agreement took effect. Once the withdrawal agreement had taken effect, however, withdrawal was final. Sir David told us: “It is absolutely clear that you cannot be forced to go through with it if you do not want to: for example, if there is a change of Government.” Professor Wyatt supported this view with the following legal analysis:
“There is nothing in the wording to say that you cannot. It is in accord with the general aims of the Treaties that people stay in rather than rush out of the exit door. There is also the specific provision in Article 50 to the effect that, if a State withdraws, it has to apply to rejoin de novo. That only applies once you have left. If you could not change your mind after a year of thinking about it, but before you had withdrawn, you would then have to wait another year, withdraw and then apply to join again. That just does not make sense. Analysis of the text suggests that you are entitled to change your mind.”
... There is nothing in Article 50 formally to prevent a Member State from reversing its decision to withdraw in the course of the withdrawal negotiations. The political consequences of such a change of mind would, though, be substantial.
So, to sum up, even if the UK triggers Article 50 we can still cancel that decision if, for instance, there was a change of government. But the government would be up against the clock: It would have to make that U-turn before the rest of the EU voted on the Article 50 request, and before the two-year deadline elapsed.
Given how long the exit process is likely to take, and how unpredictable UK politics has suddenly become, don't rule out a change of government or a change of heart.
Tomorrow
noun
The location in which 99% of all human productivity, motivation, and achievement is stored
e.g. "European Union squandered opportunities like no tomorrow"
noun
The location in which 99% of all human productivity, motivation, and achievement is stored
e.g. "European Union squandered opportunities like no tomorrow"