Tuesday, February 23, 2016

EU deal isn't legally binding.

Well, this is all a bit awkward.  It seems that David Cameron has been a little economical with the actualité as Alan Clark would have said.

And it could come back to haunt him.

Despite what Cameron has claimed, as a matter of legal fact, even this new “thin gruel” UK-EU deal is not legally binding.

It was agreed on an intergovernmental basis outside the EU treaty framework.  This means it has no basis in EU law, and is reliant on the adoption of the measures in an unplanned and unspecified future treaty change.

As Ryan Bourne, head of public policy at the Institute of Economic Affairs, points out, this might seem boring, and technical.  But it matters.  It matters big time.  The pathetic “deal” represents nothing more than a series of clarifications and promises which might never happen, particularly given it relies on future leaders agreeing.  Meanwhile, parts can be amended by the European Parliament or struck down by the European Court of Justice.

Deal or no deal?  No deal!

So we are simply being asked to trust that it will be delivered if we vote Remain.  Cameron’s misleading words on this do not bode well.  Nor does French President Francois Hollande saying there was “no revision of the treaties planned” or Angela Merkel explaining that it may never occur.

Don’t say you haven’t been warned.

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