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British parliamentarian Sir Bill Cash MP writes:

We now move on to the next stage of negotiations. Let it be crystal clear that, unlike under the previous administration, Boris Johnson’s government will not capitulate nor is legally bound to capitulate to the terms and conditions set by the European Union as Article 288 of the treaty clearly shows. And we cannot allow the EU to insist that we are unable to benefit from, or be competitive outside the European Union. We must be allowed to diverge as necessary. This is Boris Johnson’s Churchill moment.

What Article 288 is he referring to?

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  • 2
    Who is Cash? Is that a notable person in British politics?
    – Trilarion
    Feb 2 '20 at 8:21
  • 1
    @Trilarion Sir Bill Cash is a well-known Eurosceptic. He is more known for serving on committees than holding government office. en.wikipedia.org/wiki/Bill_Cash
    – richardb
    Feb 2 '20 at 14:03
  • Why the drive-by downvote?
    – 52d6c6af
    Feb 2 '20 at 14:08
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    @Ben - Probably because a simple google search would have uncovered the answer for you in seconds
    – Valorum
    Feb 2 '20 at 14:47
  • I did google it, and found Article 288 TFEU, but I couldn't connect the contents of the Article to the point Bill Cash was trying to make, so I wanted to check.
    – 52d6c6af
    Feb 2 '20 at 15:00
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CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE I INSTITUTIONAL PROVISIONS

CHAPTER 2 LEGAL ACTS OF THE UNION, ADOPTION PROCEDURES AND OTHER PROVISIONS

SECTION 1 THE LEGAL ACTS OF THE UNION

Article 288

(ex Article 249 TEC)

To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.

A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.

A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.

Recommendations and opinions shall have no binding force.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E288

This is the only Article 288 in EU treaty law, so it must be the one which is being referred to...

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  • This is the whole standards and deviations thing that Javid and Patel have been contradicting each other on this week?
    – Jontia
    Feb 1 '20 at 23:39
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    @Jontia I think so - not being a member state, the EU can no longer require the UK to follow its standards simply by publishing a regulation or directive, unless the UK agrees to that binding in any treaty. Any standards to be followed will need to be agreed separately between the UK and the EU.
    – Moo
    Feb 1 '20 at 23:53
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    What does Bill Cash mean by referring to this article? EU laws continue to apply per the WA.
    – 52d6c6af
    Feb 2 '20 at 2:47
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    @Ben I assume he means that to prove its commitment to Brexit the UK government must burn its trading relationship with Europe by insisting on diverging from EU standards even where there is no business benefit once the transition period of the WA is complete.
    – Jontia
    Feb 2 '20 at 9:24
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    @Ben he's referring to the final result after the transition period; that being freed from the EU regulatory apparatus is non-negotiable during the transition negotiations.
    – user30014
    Feb 2 '20 at 17:08

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