59
votes
Accepted
Could the Queen have stopped Brexit?
In theory: Yes.
Brexit requires legislation, which the Queen can veto; and the Queen also has prerogative over international treaties.
It was decided by the UK Supreme Court that the government ...
- 11.4k
51
votes
Can the UK veto its own extension request?
No, by paragraph 4 of article 50 (citing 2 and 3 as well because 4 refers back to those):
A Member State which decides to withdraw shall notify the European Council of its
intention. In the ...
JJJ♦
- 39.1k
43
votes
Accepted
On what basis is Theresa May triggering Article 50 (Brexit) if the Supreme Court said she couldn't?
@origimbo's answer is completely correct and accurate. I would just like to go into the details of the Supreme Court ruling and what the UK Parliament has done.
Supreme Court ruling
Basically, the ...
- 46.7k
40
votes
Accepted
If the UK government doesn't ask for article 50 extension, can parliament do it instead?
Probably not.
Article 10 of the Treaty of the European Union states that:
Member States are represented in the European Council by their Heads of State or Government
It follows, therefore, that ...
- 27.9k
37
votes
On what basis is Theresa May triggering Article 50 (Brexit) if the Supreme Court said she couldn't?
The European Union (Notification of Withdrawal) Act 2017 received royal assent on March 16th 2017. Since this bill passed both houses and has become law, the constitutional requirements for ...
- 21.4k
35
votes
Accepted
Does extending Article 50 legally require a new set date?
The UK cannot suspend her Article 50 notification. It can merely retract the notification and that would have to be in good faith, i.e. with the intention to stay for the foreseeable future. So a ...
- 113k
28
votes
Why is Macron seemingly opposing an article 50 extension?
Without citing President Macron directly, the BBC summarizes some of the reasons that play a role:
But France worries a 12-week extension could encourage more UK indecisiveness or a general election ...
JJJ♦
- 39.1k
27
votes
Could the UK unilaterally "restart the clock" on Brexit?
This would probably end up in the Courts.
Assuming the ECJ concurs with the Advocate General, the decision to revoke an Article 50 notification must be done in Good Faith, and following proper ...
- 124k
24
votes
On what basis is Theresa May triggering Article 50 (Brexit) if the Supreme Court said she couldn't?
To add a bit more (I read the full rulings which are interesting), the supreme court didn't say Theresa May (i.e., the government based on the prime minister's wish) could not trigger article 50.
...
- 7,246
17
votes
Accepted
What was the point of the House of Lords debating Article 50?
The role of the House of Lords is to:
make laws
check and challenge the actions of the government, and
provide a forum of independent expertise
Though no party has a majority in the ...
- 12.9k
15
votes
Could the British government un-trigger Article 50?
In a recent update to this issue, the European Court of Justice's Advocate General has issued a non-binding opinion that a country can revoke Article 50 unilaterally.
According to BBC News:
In a ...
- 25k
14
votes
Why is Macron seemingly opposing an article 50 extension?
According to Luxemburg Times, Marcon only wants to grant an extension until Nov 30.
French President Emmanuel Macron wants to grant a delay until 30 November, or even sooner, to put pressure on the ...
13
votes
What was the point of the House of Lords debating Article 50?
This is a legal requirement determined by the UK courts:
The judgement means Theresa May cannot begin talks with the EU until
MPs and peers give their backing - although this is expected to ...
13
votes
Could the British government un-trigger Article 50?
There is no definitive answer to this question and it's not even clear if it is political (to be decided by the European Council) or a legal question (to be decided by the European Court of Justice). ...
- 1,512
13
votes
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Who must act to prevent Brexit on March 29th?
The European Council has already agreed to both dates so they don’t need to ratify anything any more.
A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend ...
- 5,670
12
votes
Accepted
Could the EU rewrite Article 50 in an attempt to make it more difficult for the UK to Brexit?
To directly answer your question...
The Lisbon Treaty modified the way in which the EU treaties can be amended, with Art. 48 of the Treaty on European Union (TEU) creating a new system for treaty ...
- 5,542
12
votes
Could the British government un-trigger Article 50?
Article 50 is only 250 words, and has no provisions for canceling a request once issued.
Once Article 50 is formally triggered, by a Head of Government (Prime Minister Theresa May) notifying the ...
- 2,562
10
votes
Could the Queen have stopped Brexit?
She could, but would have been unlikely to happen.
The Supreme Court ruled in January that Parliament must vote on whether to invoke Article 50 (although the devolved parliaments do not need to be ...
- 1,854
10
votes
Does extending Article 50 legally require a new set date?
Article 50, Paragraph 3 of the Treaty of the European Union states (emphasis mine):
The Treaties shall cease to apply to the State in question from the date of entry into force of
the withdrawal ...
- 27.9k
9
votes
Could the UK unilaterally "restart the clock" on Brexit?
If the UK and most but not all of the EU27 agreed that they need the extra time, maybe. (If all of the EU27 agreed, there would be easier ways to extend the negotiation.) If it was the UK idea to ...
- 113k
9
votes
Accepted
Why doesn't the U.K. just revoke its Article 50 withdrawal?
The decision to revoke the Article 50 notification would have to be unequivocal and unconditional and it would have to follow the democratic process according to UK constitutional requirements.
Given ...
- 113k
8
votes
Accepted
Why has Article 50 of Brexit not been enabled yet?
The main reason is that there is a two-year timeframe for negotiations to take place once Article 50 is invoked. Theresa May's government's was just formed 3 months ago and is thus still preparing for ...
- 46.7k
8
votes
Can the UK revoke Article 50 to reinvoke it later?
Mostly the EU court of justice willingness to get creative or even political at times. It's not obvious to me that article 50 was really meant to ever be used (as opposed to placating EU skeptics ...
- 31.6k
7
votes
Could the EU rewrite Article 50 in an attempt to make it more difficult for the UK to Brexit?
Armatita is very clear in his response, but one thing I am missing. When a new Law is introduced this law does not apply retroactively. And the same would apply to 'Rewriting Article 50'. It would ...
- 1,326
7
votes
Is EU Treaty Article 50 (2) paradoxical?
No, "take account" only refers to the negotiations. The agreement would be done at EU level and only take effect after the department member state leaves. It is allowed to make such negotiations, just ...
- 17.7k
7
votes
Why is the British government waiting until March 29th to officially Brexit?
March 29th is the Friday before the 1st of April, the new financial year. That gives financial institutions the weekend to calm their nerves, get IT systems up and running and make a "clean" break on ...
- 17.7k
7
votes
Why is Macron seemingly opposing an article 50 extension?
Dissuasion to Frexit
My 2 cents point of view as a French citizen, Macron wants to make an example of what will happen when a country leaves EU.
The next election in France will be in 2022, any ...
- 179
6
votes
Accepted
Can the UK sabotage EU agreements prior to article 50
That is the whole issue behind the "no talks before article 50 is invoked" rule.
If talks were allowed, at any time the UK would be able to use the leverage of blocking the internal politics of the ...
- 32.5k
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