Don’t trigger Article 50 just leaveI used two separate paragraphs from this article. It seems to me the current government is executing a con job on the people of the UK. Of course they must now that getting out is very easy indeed, yet they choose not to go down this avenue.Despite my best attempts, says professor of international law Ingrid Detter de Frankopan, everyone has been deaf to the painstakingly simple course for the United Kingdom to take: don’t trigger Article 50 at all.
Second rate lawyers are misleading everyone in the country by insisting that, in order to leave the European Union it is essential to “trigger” Article 50 in its entirety. This line has been swallowed whole by the government, the media and commentators. It is, however, absolute nonsense. Under international law and under Article 50 (1) itself, only notice to leave is necessary.
The horror that I feel about this misdirection is compounded by that the fact that if Article 50(2) is ‘triggered’ it implies that the UK government accepts that the EU will decide the conditions of UK’s withdrawal. This has serious consequences. An arbitrary two-year negotiation window; a supreme agency problem between negotiating parties (the European Commission and various powerful governments) and a ratification process that is far from certain. All the while we will be contributing approximately £40bn gross, or £20bn net, to the European project. We will be paying for them to negotiate – and once we get to the end of the timeline there will be no real incentive to reach prompt agreement, as well as no reason to be true to their negotiated position. In fact any excuse of an election, a financial crisis or a small war – could derail years and millions of man-hours of work
Article 50 we do have provides that:
1. Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A member state which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that state, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
3. The treaties shall cease to apply to the state in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the member state concerned, unanimously decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing member state shall not participate in the discussions of the European Council or Council or in decisions concerning it.
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a state which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
Thus, as provided in Article 50(1), a Member State may withdraw without any other conditions “in accordance with its own constitutional arrangements”. Since the United Kingdom is singularly fortunate in this situation that there is no written constitution, the UK is clearly free to act in any way it sees fit and proper. It is important to stress that there is no need for any agreement at all with the EU. (The UK is also fortunate not to have the euro as a withdrawal for the eurozone states is much more complicated).
Read the rest here
http://moneyweek.com/dont-trigger-article-50-just-leave/
