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Dublin High Court Challenge to Brexit |
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#26 |
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Join Date: Oct 2003
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I can't wait to see the Mail headline if, as would be likely, the Irish court refer it to the ECJ for a decision... and if they do, well compared to the ECJ, our 'steady as you go' Supreme Court moves like a whippet chasing a bitch on heat.
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#27 |
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Join Date: Mar 2001
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How can an Irish court intervene on the constitutional matters of another member state?
The whole thing just beggars belief! |
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#28 |
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Join Date: Feb 2013
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Quote:
How can an Irish court intervene on the constitutional matters of another member state?
The whole thing just beggars belief! |
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#29 |
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Join Date: Nov 2002
Location: Dublin
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Quote:
How can an Irish court intervene on the constitutional matters of another member state?
The whole thing just beggars belief! |
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#30 |
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Join Date: Sep 2015
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And of course the ECJ would be totally impartial on this subject. Strange but when other countries want to be independent it's ok and should be supported.
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#31 |
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And of course the ECJ would be totally impartial on this subject. Strange but when other countries want to be independent it's ok and should be supported.
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#32 |
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What a whiney post! The ECJ will rule on whether Article 50 is reversible or not, and the UK is already independent.
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#33 |
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Join Date: Feb 2013
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Of all people you'd know a whiney post when you see one of course. Just amusing that Dublin has such a history of breaking away from the UK and now it's involved in this.
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#34 |
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Join Date: Jan 2013
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Wouldn't this actually help May and her teams negotiations. At the moment once A50 is triggered then the EU have us over a barrel in the negotiations because they can say at the end of two years you're not getting any concessions off you go. If A50 is reversible if they don't give us the concessions we want we could at the end of two years reverse it and then invoke again to carry on negotiations. I expect the Irish will pass this onto the ECJ where they will stall until after A50 is triggered and then say as A50 was trigged pre decision they cant make a ruling on it.
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#35 |
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Join Date: Sep 2015
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Quote:
Another whiney post. Dublin isn't involved in this. A British lawyer is using the Dublin High Court as a vehicle to appeal to the ECJ for a ruling on whether or not Article 50 is reversible.
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#36 |
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Join Date: Feb 2013
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Note to self "point out every time Cheetah666 whinges going forwards" as otherwise it's too tempting to tell him to stfu.
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#37 |
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Join Date: Apr 2014
Posts: 10,592
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Quote:
I can't wait to see the Mail headline if, as would be likely, the Irish court refer it to the ECJ for a decision... and if they do, well compared to the ECJ, our 'steady as you go' Supreme Court moves like a whippet chasing a bitch on heat.
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#38 |
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Join Date: Oct 2015
Posts: 3,660
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Quote:
Wouldn't this actually help May and her teams negotiations. At the moment once A50 is triggered then the EU have us over a barrel in the negotiations because they can say at the end of two years you're not getting any concessions off you go. If A50 is reversible if they don't give us the concessions we want we could at the end of two years reverse it and then invoke again to carry on negotiations. I expect the Irish will pass this onto the ECJ where they will stall until after A50 is triggered and then say as A50 was trigged pre decision they cant make a ruling on it.
I've read his legal arguments and this is perfect timing. He waited until it was clear the government wouldn't change its position on A 50 reversiblity. Now the SC has to rule on the admissions made while he wants a ruling on whether iA50 is reversible or not. If the SC upholds the HC ruling (likely) but doesn't rule in favour of the devolution claimants then A50 can be triggered by Parliament (likely) then by the time negotiations are complete it is likely to have been ruled that is can all be reversed so Parliament can turn down a deal they aren't happy with. He is putting another safety net in place to avoid the UK falling into WTO territory. Very clever move indeed. |
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#39 |
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No as this won't be ruled on in time for the Supreme Court judgement.
I've read his legal arguments and this is perfect timing. He waited until it was clear the government wouldn't change its position on A 50 reversiblity. Now the SC has to rule on the admissions made while he wants a ruling on whether iA50 is reversible or not. If the SC upholds the HC ruling (likely) but doesn't rule in favour of the devolution claimants then A50 can be triggered by Parliament (likely) then by the time negotiations are complete it is likely to have been ruled that is can all be reversed so Parliament can turn down a deal they aren't happy with. He is putting another safety net in place to avoid the UK falling into WTO territory. Very clever move indeed. |
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#40 |
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Join Date: Nov 2002
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I suppose for Mrs May this could be a problem for party management
Let's just say that the ECJ rules that the Article 50 submission is reversible If she has no intention of reversing it then the judgment is irrelevant But it might give MPs something to rally around if they don't like the way the negotiations are going Personally I don't think there's any chance that May would consider reversing the Article 50 process, she'd be forced out within weeks by her backbenchers |
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#41 |
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Join Date: Feb 2009
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If post-truth is the word of 2016, I can see whack-a-mole being a strong contender for next year's title.
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#42 |
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Join Date: Oct 2015
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I suppose for Mrs May this could be a problem for party management
Let's just say that the ECJ rules that the Article 50 submission is reversible If she has no intention of reversing it then the judgment is irrelevant But it might give MPs something to rally around if they don't like the way the negotiations are going Personally I don't think there's any chance that May would consider reversing the Article 50 process, she'd be forced out within weeks by her backbenchers If the deal is no deal aka crashing into WTO rules then it won't be passed... and she will have to reverse A 50 and start from scratch. It perfectly fits in with the fact that the EU is insisting on negotiations being completed within 18 months so there are 6 months left to get it all ratified. Parliament will know the deal 6 months before the expiry of the deadline. |
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#43 |
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Join Date: Jan 2010
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Seems a pretty open and shut case to me.........
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. It can be extended beyond two years with everyone's agreement, but that seems to be it. It's not reversible according to the above. |
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#44 |
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Join Date: Oct 2015
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Quote:
Seems a pretty open and shut case to me.........
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. It can be extended beyond two years with everyone's agreement, but that seems to be it. It's not reversible according to the above. And no, legally that does not need to be spelled out in Article 50 as that is not how the law works. |
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#45 |
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Join Date: Oct 2015
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Crowdfunding page here: https://www.crowdjustice.org/case/brexit-for-the-100/
Already at just under £20k after a day and it's going up every few minutes. Very nice to see that the pledges are publicly available, which gives a nice idea that it's ordinary people pledging small amounts. |
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#46 |
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Join Date: Jan 2010
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You're missing an important point. Article 50 is about an agreement on how to withdraw. As long as as such an agreement has not been signed and the two years have not expired, there is nothing at all that can be done if the departing country revokes its notification. It's legally impossible to force them.
And no, legally that does not need to be spelled out in Article 50 as that is not how the law works. I can't see it making a blind bit of difference anyway. Parliament is not going to revoke A50 imo. It's just another installment in the remainer stay in the EU fantasy. It started off with there will be no referendum offered, then remain will win the referendum, then they won't trigger A50, once that's happened we move onto A50 will be reversed. Once we leave no doubt it will be we're having a referendum on rejoining, or you never know acceptance ![]()
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#47 |
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Join Date: Oct 2015
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Well that's surely for the ECJ to decide.
I can't see it making a blind bit of difference anyway. Parliament is not going to revoke A50 imo. It's just another installment in the remainer stay in the EU fantasy. It started off with there will be no referendum offered, then remain will win the referendum, then they won't trigger A50, once that's happened we move onto A50 will be reversed. Once we leave no doubt it will be we're having a referendum on rejoining, or you never know acceptance ![]() ![]() |
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#48 |
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Join Date: Jun 2014
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Quote:
You're missing an important point. Article 50 is about an agreement on how to withdraw. As long as as such an agreement has not been signed and the two years have not expired, there is nothing at all that can be done if the departing country revokes its notification. It's legally impossible to force them.
And no, legally that does not need to be spelled out in Article 50 as that is not how the law works. |
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#49 |
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Join Date: Oct 2015
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You are presuming that the court will rule that Art 50 is reversible. That is I suspect unlikely as there is no mention to in the article of such a mechanism for a would-be departing member state.
European law is not based on case law and does have to mention what is not possible in order for it to apply. |
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#50 |
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Join Date: Dec 2011
Posts: 8,383
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Quote:
Crowdfunding page here: https://www.crowdjustice.org/case/brexit-for-the-100/
Already at just under £20k after a day and it's going up every few minutes. Very nice to see that the pledges are publicly available, which gives a nice idea that it's ordinary people pledging small amounts. |
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