Wednesday, November 28, 2018

Ms Loophole?

The European Court of Justice is, as you will know, considering a case that even Solomon in all his wisdom would have found tricky.   

If the judges go the way the SNP wish them to, the UK will not have to secure the approval of each of the EU Members states to revoke Article 50.  That would mean any Member State could play a game of let’s trigger Article 50 and try and get some concessions, an angle the top brass in the EU have conceded could destroy the whole European Project (as we now must call it).   

But if the judges side with the existing interpretation, that all EU states must give approval, then the UK parliament cannot just on its own decided that Article 50 is dead.  Tricky.  

One thing is clear from this, no matter how the court swings, they are taking a political decision and by doing so they are in effect, simply another arm of the Commission.   

And no matter the outcome of the deliberation of the judges, one thing is certain.  It is in this very room that ultimately the ECJ will decide, with no course or right of appeal, whether the UK can leave the EU.  This is the ending point in Mrs Mays Agreement.   It's there in black and white.  She can't deny it.  Well, actually, in Questions to the Prime Minister today in answer to Mr Corbyn she did.   She also did so again to Anne-Marie Trevelyan MP (Berwick-upon-Tweed, Conservative.)

So the ECJ, the judicial arm of the European Community, can stop us leaving if they think that we have not fulfilled everything they have demanded of us.  Just reflect on that.  

All Mrs Mays assertions about us leaving rely on one thing.  The ECJ allowing us to. 

And perhaps we should also reflect on the amount of legal processes those who support the UK staying in what is now a European State, complete with its own court that can overturn any UK legislation, have gone through to stop the vote of the majority being implemented. 

It all reminds me of “Mr Loophole”, the well-known lawyer who finds ways through many legal challenges for the wealthy and famous.  Joanna Cherry QC MP seems to be using every legal method to undermine and stop the result of the peoples vote.  Perhaps we should start calling her Ms Loophole.   

Will Ms Cherry be so happy for such behaviour if it comes down to judges being asked to decided whether Scotland can leave the UK?  Answers on a postcard…..

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