Can the UK Prime Minister immediately withdraw the country from the EU without backing from parliament?What changes would be necessary in the UK to force a general election if the Prime Minister resigns?Was Brexit always going to include a withdrawal from the European Atomic Energy CommunityWhich parties would try to stop Brexit from happening after the “snap election”?Can UK Parliament reject an unpopular Prime Minister?Would a Government who lose the confidence of the House really delay an election until after the event over which that confidence was lost transpires?What will happen if Parliament votes “no” on each of the Brexit-related votes to be held on the 12th, 13th and 14th of March?Can the Queen still cancel Brexit?Can a Brexit deal be accepted after Brexit?Are British MPs missing the point, with these 'Indicative Votes'?Can the Prime Minister prorogue Parliament?
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Can the UK Prime Minister immediately withdraw the country from the EU without backing from parliament?
What changes would be necessary in the UK to force a general election if the Prime Minister resigns?Was Brexit always going to include a withdrawal from the European Atomic Energy CommunityWhich parties would try to stop Brexit from happening after the “snap election”?Can UK Parliament reject an unpopular Prime Minister?Would a Government who lose the confidence of the House really delay an election until after the event over which that confidence was lost transpires?What will happen if Parliament votes “no” on each of the Brexit-related votes to be held on the 12th, 13th and 14th of March?Can the Queen still cancel Brexit?Can a Brexit deal be accepted after Brexit?Are British MPs missing the point, with these 'Indicative Votes'?Can the Prime Minister prorogue Parliament?
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;
Can the UK Prime Minister immediately withdraw the country from the EU without backing from parliament?
I am not asking if this is legal, or if it is possible to do without committing political suicide. Let us assume that the next Prime Minister might be so zealous about Brexit that they would be willing to end their career (or if found to have acted illegally, be punished). Could they, on day one of their leadership, take a flight to Brussels and announce that the UK withdraws with immediate effect?
The EU has said on many occasions they will not interfere with the internal politics of Britain on this matter. Does this mean they would have to accept this from the PM whether the PM actually had the power to do it?
Edit: originally specified no deal, which was mentioned as not being possible due to the details of the extension. Ad I understand though it would be possible to accept the negotiated deal at any time. Could this be done without parliamentary approval?
united-kingdom brexit
edited 8 hours ago
JJJ
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asked 8 hours ago
Chris ClaytonChris Clayton
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Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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add a comment |
Can the UK Prime Minister immediately withdraw the country from the EU without backing from parliament?
I am not asking if this is legal, or if it is possible to do without committing political suicide. Let us assume that the next Prime Minister might be so zealous about Brexit that they would be willing to end their career (or if found to have acted illegally, be punished). Could they, on day one of their leadership, take a flight to Brussels and announce that the UK withdraws with immediate effect?
The EU has said on many occasions they will not interfere with the internal politics of Britain on this matter. Does this mean they would have to accept this from the PM whether the PM actually had the power to do it?
Edit: originally specified no deal, which was mentioned as not being possible due to the details of the extension. Ad I understand though it would be possible to accept the negotiated deal at any time. Could this be done without parliamentary approval?
united-kingdom brexit
edited 8 hours ago
JJJ
8,8693 gold badges32 silver badges69 bronze badges
asked 8 hours ago
Chris ClaytonChris Clayton
1163 bronze badges
New contributor
Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
If memory serves me well there was a question a few weeks back about whether or not the UK could leave the EU outside of the deadlines laid out in the latest extension deal. The answer is no.
– Denis de Bernardy
8 hours ago
Are the various statements made at the time of the extension from Theresa May about hoping not to need the full extension misleading? I might need to rephrase the question. I have seen that in the US the president has been unable to act on his more controversial plans due to the system of checks and balances. However all official correspondence I have seen from the UK to the EU was signed by Theresa May alone... with the approval of parliment, but as somebody who wishes to continue as a politician and therefore wouldn't dare go against them. Her replacement might decide it is worth it.
– Chris Clayton
8 hours ago
There was a joint statement when May got her extension, which basically said (if memory serves me well) that the UK would leave before EU elections if they found a solution by then, would leave before the EU parliament sits if they don't participate in EU elections, else would leave on Oct 31. Anecdotally, it prompted me to ask Andrew Sparrow (The Guardian's Political Live blogger) whether the UK could leave at other points in time should Johnson become PM, and the answer he came up with at the time was no.
– Denis de Bernardy
8 hours ago
@DenisdeBernardy but the latest extension deal can be changed with unanimous consent of the EU states. A country could in theory leave the EU as soon after the initial invocation of article 50 as the unanimous agreement could be obtained. The catch is that the treaty requires that the departing country make its decision "in accordance with its own constitutional requirements." If the PM acts beyond his or her authority, his actions would likely be found to have no effect.
– phoog
19 mins ago
add a comment |
Can the UK Prime Minister immediately withdraw the country from the EU without backing from parliament?
I am not asking if this is legal, or if it is possible to do without committing political suicide. Let us assume that the next Prime Minister might be so zealous about Brexit that they would be willing to end their career (or if found to have acted illegally, be punished). Could they, on day one of their leadership, take a flight to Brussels and announce that the UK withdraws with immediate effect?
The EU has said on many occasions they will not interfere with the internal politics of Britain on this matter. Does this mean they would have to accept this from the PM whether the PM actually had the power to do it?
Edit: originally specified no deal, which was mentioned as not being possible due to the details of the extension. Ad I understand though it would be possible to accept the negotiated deal at any time. Could this be done without parliamentary approval?
united-kingdom brexit
edited 8 hours ago
JJJ
8,8693 gold badges32 silver badges69 bronze badges
asked 8 hours ago
Chris ClaytonChris Clayton
1163 bronze badges
New contributor
Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Can the UK Prime Minister immediately withdraw the country from the EU without backing from parliament?
I am not asking if this is legal, or if it is possible to do without committing political suicide. Let us assume that the next Prime Minister might be so zealous about Brexit that they would be willing to end their career (or if found to have acted illegally, be punished). Could they, on day one of their leadership, take a flight to Brussels and announce that the UK withdraws with immediate effect?
The EU has said on many occasions they will not interfere with the internal politics of Britain on this matter. Does this mean they would have to accept this from the PM whether the PM actually had the power to do it?
Edit: originally specified no deal, which was mentioned as not being possible due to the details of the extension. Ad I understand though it would be possible to accept the negotiated deal at any time. Could this be done without parliamentary approval?
united-kingdom brexit
united-kingdom brexit
edited 8 hours ago
JJJ
8,8693 gold badges32 silver badges69 bronze badges
asked 8 hours ago
Chris ClaytonChris Clayton
1163 bronze badges
New contributor
Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 8 hours ago
JJJ
8,8693 gold badges32 silver badges69 bronze badges
asked 8 hours ago
Chris ClaytonChris Clayton
1163 bronze badges
New contributor
Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 8 hours ago
JJJ
8,8693 gold badges32 silver badges69 bronze badges
edited 8 hours ago
JJJ
8,8693 gold badges32 silver badges69 bronze badges
edited 8 hours ago
JJJ
8,8693 gold badges32 silver badges69 bronze badges
8,8693 gold badges32 silver badges69 bronze badges
asked 8 hours ago
Chris ClaytonChris Clayton
1163 bronze badges
New contributor
Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 8 hours ago
Chris ClaytonChris Clayton
1163 bronze badges
asked 8 hours ago
Chris ClaytonChris Clayton
1163 bronze badges
1163 bronze badges
New contributor
Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Chris Clayton is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
If memory serves me well there was a question a few weeks back about whether or not the UK could leave the EU outside of the deadlines laid out in the latest extension deal. The answer is no.
– Denis de Bernardy
8 hours ago
Are the various statements made at the time of the extension from Theresa May about hoping not to need the full extension misleading? I might need to rephrase the question. I have seen that in the US the president has been unable to act on his more controversial plans due to the system of checks and balances. However all official correspondence I have seen from the UK to the EU was signed by Theresa May alone... with the approval of parliment, but as somebody who wishes to continue as a politician and therefore wouldn't dare go against them. Her replacement might decide it is worth it.
– Chris Clayton
8 hours ago
There was a joint statement when May got her extension, which basically said (if memory serves me well) that the UK would leave before EU elections if they found a solution by then, would leave before the EU parliament sits if they don't participate in EU elections, else would leave on Oct 31. Anecdotally, it prompted me to ask Andrew Sparrow (The Guardian's Political Live blogger) whether the UK could leave at other points in time should Johnson become PM, and the answer he came up with at the time was no.
– Denis de Bernardy
8 hours ago
@DenisdeBernardy but the latest extension deal can be changed with unanimous consent of the EU states. A country could in theory leave the EU as soon after the initial invocation of article 50 as the unanimous agreement could be obtained. The catch is that the treaty requires that the departing country make its decision "in accordance with its own constitutional requirements." If the PM acts beyond his or her authority, his actions would likely be found to have no effect.
– phoog
19 mins ago
add a comment |
If memory serves me well there was a question a few weeks back about whether or not the UK could leave the EU outside of the deadlines laid out in the latest extension deal. The answer is no.
– Denis de Bernardy
8 hours ago
Are the various statements made at the time of the extension from Theresa May about hoping not to need the full extension misleading? I might need to rephrase the question. I have seen that in the US the president has been unable to act on his more controversial plans due to the system of checks and balances. However all official correspondence I have seen from the UK to the EU was signed by Theresa May alone... with the approval of parliment, but as somebody who wishes to continue as a politician and therefore wouldn't dare go against them. Her replacement might decide it is worth it.
– Chris Clayton
8 hours ago
There was a joint statement when May got her extension, which basically said (if memory serves me well) that the UK would leave before EU elections if they found a solution by then, would leave before the EU parliament sits if they don't participate in EU elections, else would leave on Oct 31. Anecdotally, it prompted me to ask Andrew Sparrow (The Guardian's Political Live blogger) whether the UK could leave at other points in time should Johnson become PM, and the answer he came up with at the time was no.
– Denis de Bernardy
8 hours ago
@DenisdeBernardy but the latest extension deal can be changed with unanimous consent of the EU states. A country could in theory leave the EU as soon after the initial invocation of article 50 as the unanimous agreement could be obtained. The catch is that the treaty requires that the departing country make its decision "in accordance with its own constitutional requirements." If the PM acts beyond his or her authority, his actions would likely be found to have no effect.
– phoog
19 mins ago
If memory serves me well there was a question a few weeks back about whether or not the UK could leave the EU outside of the deadlines laid out in the latest extension deal. The answer is no.
– Denis de Bernardy
8 hours ago
If memory serves me well there was a question a few weeks back about whether or not the UK could leave the EU outside of the deadlines laid out in the latest extension deal. The answer is no.
– Denis de Bernardy
8 hours ago
Are the various statements made at the time of the extension from Theresa May about hoping not to need the full extension misleading? I might need to rephrase the question. I have seen that in the US the president has been unable to act on his more controversial plans due to the system of checks and balances. However all official correspondence I have seen from the UK to the EU was signed by Theresa May alone... with the approval of parliment, but as somebody who wishes to continue as a politician and therefore wouldn't dare go against them. Her replacement might decide it is worth it.
– Chris Clayton
8 hours ago
Are the various statements made at the time of the extension from Theresa May about hoping not to need the full extension misleading? I might need to rephrase the question. I have seen that in the US the president has been unable to act on his more controversial plans due to the system of checks and balances. However all official correspondence I have seen from the UK to the EU was signed by Theresa May alone... with the approval of parliment, but as somebody who wishes to continue as a politician and therefore wouldn't dare go against them. Her replacement might decide it is worth it.
– Chris Clayton
8 hours ago
There was a joint statement when May got her extension, which basically said (if memory serves me well) that the UK would leave before EU elections if they found a solution by then, would leave before the EU parliament sits if they don't participate in EU elections, else would leave on Oct 31. Anecdotally, it prompted me to ask Andrew Sparrow (The Guardian's Political Live blogger) whether the UK could leave at other points in time should Johnson become PM, and the answer he came up with at the time was no.
– Denis de Bernardy
8 hours ago
There was a joint statement when May got her extension, which basically said (if memory serves me well) that the UK would leave before EU elections if they found a solution by then, would leave before the EU parliament sits if they don't participate in EU elections, else would leave on Oct 31. Anecdotally, it prompted me to ask Andrew Sparrow (The Guardian's Political Live blogger) whether the UK could leave at other points in time should Johnson become PM, and the answer he came up with at the time was no.
– Denis de Bernardy
8 hours ago
@DenisdeBernardy but the latest extension deal can be changed with unanimous consent of the EU states. A country could in theory leave the EU as soon after the initial invocation of article 50 as the unanimous agreement could be obtained. The catch is that the treaty requires that the departing country make its decision "in accordance with its own constitutional requirements." If the PM acts beyond his or her authority, his actions would likely be found to have no effect.
– phoog
19 mins ago
@DenisdeBernardy but the latest extension deal can be changed with unanimous consent of the EU states. A country could in theory leave the EU as soon after the initial invocation of article 50 as the unanimous agreement could be obtained. The catch is that the treaty requires that the departing country make its decision "in accordance with its own constitutional requirements." If the PM acts beyond his or her authority, his actions would likely be found to have no effect.
– phoog
19 mins ago
add a comment |
2 Answers
2
active
oldest
votes
Can the UK Prime Minister immediately withdraw the country from the EU with no deal without backing from parliament?
No, but there is a bill that the UK will withdraw from the EU on the 31st of October. What that means is that the UK will leave unless there is another extension to that deadline, which will have to be agreed with the EU and will have to pass in the UK parliament.
To avoid another extension, the UK prime minister could pull a trick by proroguing parliament. By ending the parliamentary session, the UK parliament cannot vote for another extension. Seeing that the current extension is already written into UK law, it's binding.
The UK PM cannot withdraw immediately without the support of parliament because of the same reason. Current UK law says that the deadline is 31 October. To change that would require a new bill which would have to be approved by parliament.
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
1
Never been a Theresa May fan I admit but throughout all this it seems that she has been trying to do what the country wants, impossible as it may be to work that out. At least one of her likely successors seems to just want to get what he wants and damn the country. Since the public has no say in who will lead us, this is terrifying to me.
– Chris Clayton
8 hours ago
1
@ChrisClayton - Didn't the British people vote to leave the EU? As ridiculous a choice as that was, wouldn't doing so be carrying out the wishes of the British people?
– Obie 2.0
5 hours ago
1
You are right of course... but if that was all that there was to the matter then why not just leave the day after the result and save 3 years of tearing the country apart?
– Chris Clayton
5 hours ago
1
@Obie2.0 1) The referendum was a non-binding one, and 2) the British people were not consulted about under which conditions the UK would leave, let alone about the future relations with the EU.
– Abigail
3 hours ago
1
@Abigail you could say that about any political position in a representative democracy. Politicians will always use sound bites or summaries of their ideas. And when in power it will always be a compromise between parties / factions within the same party. In this case, it's just a very drastic position with many consequences which hasn't been worked out sufficiently, but it's not that different otherwise.
– JJJ
3 hours ago
|
show 6 more comments
Short answer: no.
If the Prime Minister were to attempt such a declaration, it would be taken rather quickly to the UK Supreme Court, as well as the European Court of Justice, who would almost certainly annul such a declaration.
Furthermore, the EU would not accept such a declaration from a UK Prime Minister, as it would be contrary to EU law (which states that the UK leaves on 31 October, or sooner if the Withdrawal Agreement is approved by Parliament).
As the other answer has already indicated, as both UK and EU law currently stand, the Prime Minister can declare the UK's withdrawal on 31 October at 23:00 GMT. Parliament will not need to assent to this, but it is possible for them to change the law to require the Prime Minister to do something else.
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
The conclusion of this answer is correct, but it doesn't seem to take the mechanics of article 50 correctly into account. There is nothing in the treaty that requires or even allows the PM to "declare the UK's withdrawal." Rather, the withdrawal occurs "from the date of entry into force of the withdrawal agreement," or, if there is no agreement, automatically at the deadline, which was originally two years after invocation of article 50 but has now been extended to 31 October.
– phoog
13 mins ago
Parliament can pass any bill it wants concerning different dates, but the only options to change the deadline are (1) negotiate a withdrawal agreement with a different date, (2) negotiate an extension to the deadline, (3) revoke article 50, or (4) allow the UK to "crash out" (i.e., leave without an agreement) at the deadline.
– phoog
11 mins ago
add a comment |
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2 Answers
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2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
Can the UK Prime Minister immediately withdraw the country from the EU with no deal without backing from parliament?
No, but there is a bill that the UK will withdraw from the EU on the 31st of October. What that means is that the UK will leave unless there is another extension to that deadline, which will have to be agreed with the EU and will have to pass in the UK parliament.
To avoid another extension, the UK prime minister could pull a trick by proroguing parliament. By ending the parliamentary session, the UK parliament cannot vote for another extension. Seeing that the current extension is already written into UK law, it's binding.
The UK PM cannot withdraw immediately without the support of parliament because of the same reason. Current UK law says that the deadline is 31 October. To change that would require a new bill which would have to be approved by parliament.
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
1
Never been a Theresa May fan I admit but throughout all this it seems that she has been trying to do what the country wants, impossible as it may be to work that out. At least one of her likely successors seems to just want to get what he wants and damn the country. Since the public has no say in who will lead us, this is terrifying to me.
– Chris Clayton
8 hours ago
1
@ChrisClayton - Didn't the British people vote to leave the EU? As ridiculous a choice as that was, wouldn't doing so be carrying out the wishes of the British people?
– Obie 2.0
5 hours ago
1
You are right of course... but if that was all that there was to the matter then why not just leave the day after the result and save 3 years of tearing the country apart?
– Chris Clayton
5 hours ago
1
@Obie2.0 1) The referendum was a non-binding one, and 2) the British people were not consulted about under which conditions the UK would leave, let alone about the future relations with the EU.
– Abigail
3 hours ago
1
@Abigail you could say that about any political position in a representative democracy. Politicians will always use sound bites or summaries of their ideas. And when in power it will always be a compromise between parties / factions within the same party. In this case, it's just a very drastic position with many consequences which hasn't been worked out sufficiently, but it's not that different otherwise.
– JJJ
3 hours ago
|
show 6 more comments
Can the UK Prime Minister immediately withdraw the country from the EU with no deal without backing from parliament?
No, but there is a bill that the UK will withdraw from the EU on the 31st of October. What that means is that the UK will leave unless there is another extension to that deadline, which will have to be agreed with the EU and will have to pass in the UK parliament.
To avoid another extension, the UK prime minister could pull a trick by proroguing parliament. By ending the parliamentary session, the UK parliament cannot vote for another extension. Seeing that the current extension is already written into UK law, it's binding.
The UK PM cannot withdraw immediately without the support of parliament because of the same reason. Current UK law says that the deadline is 31 October. To change that would require a new bill which would have to be approved by parliament.
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
1
Never been a Theresa May fan I admit but throughout all this it seems that she has been trying to do what the country wants, impossible as it may be to work that out. At least one of her likely successors seems to just want to get what he wants and damn the country. Since the public has no say in who will lead us, this is terrifying to me.
– Chris Clayton
8 hours ago
1
@ChrisClayton - Didn't the British people vote to leave the EU? As ridiculous a choice as that was, wouldn't doing so be carrying out the wishes of the British people?
– Obie 2.0
5 hours ago
1
You are right of course... but if that was all that there was to the matter then why not just leave the day after the result and save 3 years of tearing the country apart?
– Chris Clayton
5 hours ago
1
@Obie2.0 1) The referendum was a non-binding one, and 2) the British people were not consulted about under which conditions the UK would leave, let alone about the future relations with the EU.
– Abigail
3 hours ago
1
@Abigail you could say that about any political position in a representative democracy. Politicians will always use sound bites or summaries of their ideas. And when in power it will always be a compromise between parties / factions within the same party. In this case, it's just a very drastic position with many consequences which hasn't been worked out sufficiently, but it's not that different otherwise.
– JJJ
3 hours ago
|
show 6 more comments
Can the UK Prime Minister immediately withdraw the country from the EU with no deal without backing from parliament?
No, but there is a bill that the UK will withdraw from the EU on the 31st of October. What that means is that the UK will leave unless there is another extension to that deadline, which will have to be agreed with the EU and will have to pass in the UK parliament.
To avoid another extension, the UK prime minister could pull a trick by proroguing parliament. By ending the parliamentary session, the UK parliament cannot vote for another extension. Seeing that the current extension is already written into UK law, it's binding.
The UK PM cannot withdraw immediately without the support of parliament because of the same reason. Current UK law says that the deadline is 31 October. To change that would require a new bill which would have to be approved by parliament.
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
Can the UK Prime Minister immediately withdraw the country from the EU with no deal without backing from parliament?
No, but there is a bill that the UK will withdraw from the EU on the 31st of October. What that means is that the UK will leave unless there is another extension to that deadline, which will have to be agreed with the EU and will have to pass in the UK parliament.
To avoid another extension, the UK prime minister could pull a trick by proroguing parliament. By ending the parliamentary session, the UK parliament cannot vote for another extension. Seeing that the current extension is already written into UK law, it's binding.
The UK PM cannot withdraw immediately without the support of parliament because of the same reason. Current UK law says that the deadline is 31 October. To change that would require a new bill which would have to be approved by parliament.
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
answered 8 hours ago
JJJJJJ
8,8693 gold badges32 silver badges69 bronze badges
8,8693 gold badges32 silver badges69 bronze badges
1
Never been a Theresa May fan I admit but throughout all this it seems that she has been trying to do what the country wants, impossible as it may be to work that out. At least one of her likely successors seems to just want to get what he wants and damn the country. Since the public has no say in who will lead us, this is terrifying to me.
– Chris Clayton
8 hours ago
1
@ChrisClayton - Didn't the British people vote to leave the EU? As ridiculous a choice as that was, wouldn't doing so be carrying out the wishes of the British people?
– Obie 2.0
5 hours ago
1
You are right of course... but if that was all that there was to the matter then why not just leave the day after the result and save 3 years of tearing the country apart?
– Chris Clayton
5 hours ago
1
@Obie2.0 1) The referendum was a non-binding one, and 2) the British people were not consulted about under which conditions the UK would leave, let alone about the future relations with the EU.
– Abigail
3 hours ago
1
@Abigail you could say that about any political position in a representative democracy. Politicians will always use sound bites or summaries of their ideas. And when in power it will always be a compromise between parties / factions within the same party. In this case, it's just a very drastic position with many consequences which hasn't been worked out sufficiently, but it's not that different otherwise.
– JJJ
3 hours ago
|
show 6 more comments
1
Never been a Theresa May fan I admit but throughout all this it seems that she has been trying to do what the country wants, impossible as it may be to work that out. At least one of her likely successors seems to just want to get what he wants and damn the country. Since the public has no say in who will lead us, this is terrifying to me.
– Chris Clayton
8 hours ago
1
@ChrisClayton - Didn't the British people vote to leave the EU? As ridiculous a choice as that was, wouldn't doing so be carrying out the wishes of the British people?
– Obie 2.0
5 hours ago
1
You are right of course... but if that was all that there was to the matter then why not just leave the day after the result and save 3 years of tearing the country apart?
– Chris Clayton
5 hours ago
1
@Obie2.0 1) The referendum was a non-binding one, and 2) the British people were not consulted about under which conditions the UK would leave, let alone about the future relations with the EU.
– Abigail
3 hours ago
1
@Abigail you could say that about any political position in a representative democracy. Politicians will always use sound bites or summaries of their ideas. And when in power it will always be a compromise between parties / factions within the same party. In this case, it's just a very drastic position with many consequences which hasn't been worked out sufficiently, but it's not that different otherwise.
– JJJ
3 hours ago
1
1
Never been a Theresa May fan I admit but throughout all this it seems that she has been trying to do what the country wants, impossible as it may be to work that out. At least one of her likely successors seems to just want to get what he wants and damn the country. Since the public has no say in who will lead us, this is terrifying to me.
– Chris Clayton
8 hours ago
Never been a Theresa May fan I admit but throughout all this it seems that she has been trying to do what the country wants, impossible as it may be to work that out. At least one of her likely successors seems to just want to get what he wants and damn the country. Since the public has no say in who will lead us, this is terrifying to me.
– Chris Clayton
8 hours ago
1
1
@ChrisClayton - Didn't the British people vote to leave the EU? As ridiculous a choice as that was, wouldn't doing so be carrying out the wishes of the British people?
– Obie 2.0
5 hours ago
@ChrisClayton - Didn't the British people vote to leave the EU? As ridiculous a choice as that was, wouldn't doing so be carrying out the wishes of the British people?
– Obie 2.0
5 hours ago
1
1
You are right of course... but if that was all that there was to the matter then why not just leave the day after the result and save 3 years of tearing the country apart?
– Chris Clayton
5 hours ago
You are right of course... but if that was all that there was to the matter then why not just leave the day after the result and save 3 years of tearing the country apart?
– Chris Clayton
5 hours ago
1
1
@Obie2.0 1) The referendum was a non-binding one, and 2) the British people were not consulted about under which conditions the UK would leave, let alone about the future relations with the EU.
– Abigail
3 hours ago
@Obie2.0 1) The referendum was a non-binding one, and 2) the British people were not consulted about under which conditions the UK would leave, let alone about the future relations with the EU.
– Abigail
3 hours ago
1
1
@Abigail you could say that about any political position in a representative democracy. Politicians will always use sound bites or summaries of their ideas. And when in power it will always be a compromise between parties / factions within the same party. In this case, it's just a very drastic position with many consequences which hasn't been worked out sufficiently, but it's not that different otherwise.
– JJJ
3 hours ago
@Abigail you could say that about any political position in a representative democracy. Politicians will always use sound bites or summaries of their ideas. And when in power it will always be a compromise between parties / factions within the same party. In this case, it's just a very drastic position with many consequences which hasn't been worked out sufficiently, but it's not that different otherwise.
– JJJ
3 hours ago
|
show 6 more comments
Short answer: no.
If the Prime Minister were to attempt such a declaration, it would be taken rather quickly to the UK Supreme Court, as well as the European Court of Justice, who would almost certainly annul such a declaration.
Furthermore, the EU would not accept such a declaration from a UK Prime Minister, as it would be contrary to EU law (which states that the UK leaves on 31 October, or sooner if the Withdrawal Agreement is approved by Parliament).
As the other answer has already indicated, as both UK and EU law currently stand, the Prime Minister can declare the UK's withdrawal on 31 October at 23:00 GMT. Parliament will not need to assent to this, but it is possible for them to change the law to require the Prime Minister to do something else.
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
The conclusion of this answer is correct, but it doesn't seem to take the mechanics of article 50 correctly into account. There is nothing in the treaty that requires or even allows the PM to "declare the UK's withdrawal." Rather, the withdrawal occurs "from the date of entry into force of the withdrawal agreement," or, if there is no agreement, automatically at the deadline, which was originally two years after invocation of article 50 but has now been extended to 31 October.
– phoog
13 mins ago
Parliament can pass any bill it wants concerning different dates, but the only options to change the deadline are (1) negotiate a withdrawal agreement with a different date, (2) negotiate an extension to the deadline, (3) revoke article 50, or (4) allow the UK to "crash out" (i.e., leave without an agreement) at the deadline.
– phoog
11 mins ago
add a comment |
Short answer: no.
If the Prime Minister were to attempt such a declaration, it would be taken rather quickly to the UK Supreme Court, as well as the European Court of Justice, who would almost certainly annul such a declaration.
Furthermore, the EU would not accept such a declaration from a UK Prime Minister, as it would be contrary to EU law (which states that the UK leaves on 31 October, or sooner if the Withdrawal Agreement is approved by Parliament).
As the other answer has already indicated, as both UK and EU law currently stand, the Prime Minister can declare the UK's withdrawal on 31 October at 23:00 GMT. Parliament will not need to assent to this, but it is possible for them to change the law to require the Prime Minister to do something else.
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
The conclusion of this answer is correct, but it doesn't seem to take the mechanics of article 50 correctly into account. There is nothing in the treaty that requires or even allows the PM to "declare the UK's withdrawal." Rather, the withdrawal occurs "from the date of entry into force of the withdrawal agreement," or, if there is no agreement, automatically at the deadline, which was originally two years after invocation of article 50 but has now been extended to 31 October.
– phoog
13 mins ago
Parliament can pass any bill it wants concerning different dates, but the only options to change the deadline are (1) negotiate a withdrawal agreement with a different date, (2) negotiate an extension to the deadline, (3) revoke article 50, or (4) allow the UK to "crash out" (i.e., leave without an agreement) at the deadline.
– phoog
11 mins ago
add a comment |
Short answer: no.
If the Prime Minister were to attempt such a declaration, it would be taken rather quickly to the UK Supreme Court, as well as the European Court of Justice, who would almost certainly annul such a declaration.
Furthermore, the EU would not accept such a declaration from a UK Prime Minister, as it would be contrary to EU law (which states that the UK leaves on 31 October, or sooner if the Withdrawal Agreement is approved by Parliament).
As the other answer has already indicated, as both UK and EU law currently stand, the Prime Minister can declare the UK's withdrawal on 31 October at 23:00 GMT. Parliament will not need to assent to this, but it is possible for them to change the law to require the Prime Minister to do something else.
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
Short answer: no.
If the Prime Minister were to attempt such a declaration, it would be taken rather quickly to the UK Supreme Court, as well as the European Court of Justice, who would almost certainly annul such a declaration.
Furthermore, the EU would not accept such a declaration from a UK Prime Minister, as it would be contrary to EU law (which states that the UK leaves on 31 October, or sooner if the Withdrawal Agreement is approved by Parliament).
As the other answer has already indicated, as both UK and EU law currently stand, the Prime Minister can declare the UK's withdrawal on 31 October at 23:00 GMT. Parliament will not need to assent to this, but it is possible for them to change the law to require the Prime Minister to do something else.
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
answered 7 hours ago
Joe CJoe C
4,68110 silver badges35 bronze badges
4,68110 silver badges35 bronze badges
The conclusion of this answer is correct, but it doesn't seem to take the mechanics of article 50 correctly into account. There is nothing in the treaty that requires or even allows the PM to "declare the UK's withdrawal." Rather, the withdrawal occurs "from the date of entry into force of the withdrawal agreement," or, if there is no agreement, automatically at the deadline, which was originally two years after invocation of article 50 but has now been extended to 31 October.
– phoog
13 mins ago
Parliament can pass any bill it wants concerning different dates, but the only options to change the deadline are (1) negotiate a withdrawal agreement with a different date, (2) negotiate an extension to the deadline, (3) revoke article 50, or (4) allow the UK to "crash out" (i.e., leave without an agreement) at the deadline.
– phoog
11 mins ago
add a comment |
The conclusion of this answer is correct, but it doesn't seem to take the mechanics of article 50 correctly into account. There is nothing in the treaty that requires or even allows the PM to "declare the UK's withdrawal." Rather, the withdrawal occurs "from the date of entry into force of the withdrawal agreement," or, if there is no agreement, automatically at the deadline, which was originally two years after invocation of article 50 but has now been extended to 31 October.
– phoog
13 mins ago
Parliament can pass any bill it wants concerning different dates, but the only options to change the deadline are (1) negotiate a withdrawal agreement with a different date, (2) negotiate an extension to the deadline, (3) revoke article 50, or (4) allow the UK to "crash out" (i.e., leave without an agreement) at the deadline.
– phoog
11 mins ago
The conclusion of this answer is correct, but it doesn't seem to take the mechanics of article 50 correctly into account. There is nothing in the treaty that requires or even allows the PM to "declare the UK's withdrawal." Rather, the withdrawal occurs "from the date of entry into force of the withdrawal agreement," or, if there is no agreement, automatically at the deadline, which was originally two years after invocation of article 50 but has now been extended to 31 October.
– phoog
13 mins ago
The conclusion of this answer is correct, but it doesn't seem to take the mechanics of article 50 correctly into account. There is nothing in the treaty that requires or even allows the PM to "declare the UK's withdrawal." Rather, the withdrawal occurs "from the date of entry into force of the withdrawal agreement," or, if there is no agreement, automatically at the deadline, which was originally two years after invocation of article 50 but has now been extended to 31 October.
– phoog
13 mins ago
Parliament can pass any bill it wants concerning different dates, but the only options to change the deadline are (1) negotiate a withdrawal agreement with a different date, (2) negotiate an extension to the deadline, (3) revoke article 50, or (4) allow the UK to "crash out" (i.e., leave without an agreement) at the deadline.
– phoog
11 mins ago
Parliament can pass any bill it wants concerning different dates, but the only options to change the deadline are (1) negotiate a withdrawal agreement with a different date, (2) negotiate an extension to the deadline, (3) revoke article 50, or (4) allow the UK to "crash out" (i.e., leave without an agreement) at the deadline.
– phoog
11 mins ago
add a comment |
Chris Clayton is a new contributor. Be nice, and check out our Code of Conduct.
Chris Clayton is a new contributor. Be nice, and check out our Code of Conduct.
Chris Clayton is a new contributor. Be nice, and check out our Code of Conduct.
Chris Clayton is a new contributor. Be nice, and check out our Code of Conduct.
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If memory serves me well there was a question a few weeks back about whether or not the UK could leave the EU outside of the deadlines laid out in the latest extension deal. The answer is no.
– Denis de Bernardy
8 hours ago
Are the various statements made at the time of the extension from Theresa May about hoping not to need the full extension misleading? I might need to rephrase the question. I have seen that in the US the president has been unable to act on his more controversial plans due to the system of checks and balances. However all official correspondence I have seen from the UK to the EU was signed by Theresa May alone... with the approval of parliment, but as somebody who wishes to continue as a politician and therefore wouldn't dare go against them. Her replacement might decide it is worth it.
– Chris Clayton
8 hours ago
There was a joint statement when May got her extension, which basically said (if memory serves me well) that the UK would leave before EU elections if they found a solution by then, would leave before the EU parliament sits if they don't participate in EU elections, else would leave on Oct 31. Anecdotally, it prompted me to ask Andrew Sparrow (The Guardian's Political Live blogger) whether the UK could leave at other points in time should Johnson become PM, and the answer he came up with at the time was no.
– Denis de Bernardy
8 hours ago
@DenisdeBernardy but the latest extension deal can be changed with unanimous consent of the EU states. A country could in theory leave the EU as soon after the initial invocation of article 50 as the unanimous agreement could be obtained. The catch is that the treaty requires that the departing country make its decision "in accordance with its own constitutional requirements." If the PM acts beyond his or her authority, his actions would likely be found to have no effect.
– phoog
19 mins ago