Skip to main content

Is Britain’s Article 50 reversible? ( hindu)

Yes, if the other 27 EU member-states agree though May has said there can be no turning back.

The answer to the question of whether Britain’s exit process from the European Union (EU) is revocable is simple: it just depends who you ask.

British Prime Minister Theresa May insisted after triggering Article 50 of the Lisbon Treaty on Wednesday that it was a “historic moment from which there can be no turning back.”

But hours later European Parliament President Antonio Tajani said the clock could in theory be reversed, if only with the approval of the other 27 member- states.

“If the U.K. now changes its mind it can’t do it alone, all the other member-states of the union have to decide if they can do it or not,” Italy’s Mr. Tajani said.

Herein, a legal ambiguity
The apparently contradictory remarks reflect a political and legal ambiguity about whether Britain is saying goodbye for ever.

The once obscure and now famous Article 50 is frustratingly vague on this issue, as on most others.

It says merely that “a member-state which decides to withdraw shall notify the European Council of its intention.”

It then adds: “If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49,” referring to the section for fresh applications to join the bloc.

Britain’s Supreme Court said in January that it was “common ground that the notice was “irrevocable and cannot be conditional,” although it was not ruling on that subject but on parliament’s supremacy.

The European Commission appears to be agree, but only on the surface.

“Once triggered, it cannot be unilaterally reversed. Notification is a point of no return,” it said in a statement on Article 50 on Wednesday.

But this appears to leave open the possibility suggested by Mr. Tajani that the other 27 EU member- states could agree to let it reverse the notification.

Of course, with some riders
The European Parliament mentions the possibility of revoking Article 50 in a resolution on Brexit that it intends to pass next week, if only to say that a “revocation of notification needs to be subject to conditions” so it cannot be “abused in an attempt to improve the current terms of the U.K.’s membership.”

A leading EU legal expert said that all the work on creating Article 50 nearly a decade ago had been focused on making it a smooth process for a country to exit, and that Brussels officials believed it was irreversible.

“But it was admitted that it could be considered that it is reversible in exceptional cases,” added the expert, who spoke on condition of anonymity because of the sensitivity of his position.

The author of Article 50, John Kerr, who in a piece of historical irony is British, had the same idea.

“An Article 50 notification is not irrevocable,” he told the House of Lords in February. “If, having looked into the abyss, we were to change our minds about withdrawal, we certainly could and no one in Brussels could stop us.”

Jean-Claude Piris, a former director of legal services at the European Council who is now a consultant, agreed.

“If the British authorities said ‘I don’want to any more,’' you cant force a member-state to leave,” he told AFP. “My theory is that in this case, you would return to the status quo.”

Ultimately, the question is a legal one.

Little political will in UK
Politically there appears to be little will in Britain at the moment to defy the result of a referendum that, however much of a shock, is uncontested.

But Jolyon Maugham, a British lawyer who has launched legal action in Ireland in a bid to force the European Court of Justice (ECJ) to rule on whether Britain can reverse Article 50, says that could still change.

“It is just quite punchy to assert that the political mood will remain static,” he said. “There is quite compelling evidence that people are changing their minds about the cost of Brexit for them."

If a decision has to be made, it seems certain that it would be the ECJ that decides -- “even if one of the motivations for the British withdrawal is to secure its sovereignty,” said a report by French MPs.

Comments

Popular posts from this blog

NGT terminates chairmen of pollution control boards in 10 states (downtoearth,)

Cracking the whip on 10 State Pollution Control Boards (SPCBs) for ad-hoc appointments, the National Green Tribunal has ordered the termination of Chairpersons of these regulatory authorities. The concerned states are Himachal Pradesh, Sikkim, Tamil Nadu, Uttarakhand, Kerala, Rajasthan, Telangana, Haryana, Maharashtra and Manipur. The order was given last week by the principal bench of the NGT, chaired by Justice Swatanter Kumar. The recent order of June 8, 2017, comes as a follow-up to an NGT judgment given in August 2016. In that judgment, the NGT had issued directions on appointments of Chairmen and Member Secretaries of the SPCBs, emphasising on crucial roles they have in pollution control and abatement. It then specified required qualifications as well as tenure of the authorities. States were required to act on the orders within three months and frame Rules for appointment [See Box: Highlights of the NGT judgment of 2016 on criteria for SPCB chairperson appointment]. Having

High dose of Vitamin C and B3 can kill colon cancer cells: study (downtoearth)

In a first, a team of researchers has found that high doses of Vitamin C and niacin or Vitamin B3 can kill cancer stem cells. A study published in Cell Biology International showed the opposing effects of low and high dose of vitamin C and vitamin B3 on colon cancer stem cells. Led by Bipasha Bose and Sudheer Shenoy, the team found that while low doses (5-25 micromolar) of Vitamin C and B3 proliferate colon cancer stem cells, high doses (100 to 1,000 micromolar) killed cancer stem cells. Such high doses of vitamins can only be achieved through intravenous injections in colon cancer patients. The third leading cause of cancer deaths worldwide, colon cancer can be prevented by an intake of dietary fibre and lifestyle changes. While the next step of the researchers is to delineate the mechanisms involved in such opposing effects, they also hope to establish a therapeutic dose of Vitamin C and B3 for colon cancer stem cell therapy. “If the therapeutic dose gets validated under in vivo

SC asks Centre to strike a balance on Rohingya issue (.hindu)

Supreme Court orally indicates that the government should not deport Rohingya “now” as the Centre prevails over it to not record any such views in its formal order, citing “international ramifications”. The Supreme Court on Friday came close to ordering the government not to deport the Rohingya. It finally settled on merely observing that a balance should be struck between humanitarian concern for the community and the country's national security and economic interests. The court was hearing a bunch of petitions, one filed by persons within the Rohingya community, against a proposed move to deport over 40,000 Rohingya refugees. A three-judge Bench, led by Chief Justice of India Dipak Misra, began by orally indicating that the government should not deport Rohingya “now”, but the government prevailed on the court to not pass any formal order, citing “international ramifications”. With this, the status quo continues even though the court gave the community liberty to approach i