Britain can end Brexit unilaterally, EU court advisor says

[tebee]

[damascase]

17 minutes ago, cleopatra2 said:

This is not correct

 

The UK supreme court Q & A provides a succinct explanation.

"

'Can the European Court of Human Rights or the Court of Justice of the European Union overrule the UKSC?

No. However, when making decisions, the UKSC must give effect to the rights contained in the European Convention on Human Rights (ECHR) as contained in the Human Rights Act 1998.

The UKSC must also give effect to directly applicable European Union law, and interpret domestic law consistently with European Union law, so far as is possible. '

https://www.supremecourt.uk/faqs.html#1g

 

It should be noted that the Scottish Court requested an expedient judgement from the CJEU , so as to ensure that any judgement would remain valid.

This ‘expedient judgement’ is based on a request for a ‘preliminary ruling’, as provided for in Article 267 of the Treaty on the Functioning of the European Union.

The procedure is considered useful when, in a case before a national court, a question of interpretation which is new and of general interest for the uniform application of EU law is raised, or where the existing case-law does not appear to give the necessary guidance to deal with a new legal situation.

 

Edited December 11, 2018 by damascase

[malagateddy]

For the Conspiracy Theory Crowd that 'etc etc' list goes on and on and on as far as Enemies Of The People are concerned. But Putin is not on it.

Blair..imo..war criminal..aka gangster..soros..destroyed pound sterling early 90'spiiv/gangster..or do you think that they are fine upstanding species???
To me..they are but scum


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[melvinmelvin]

47 minutes ago, 7by7 said:

Just as the Supreme Court in the UK is the highest court in the land for UK legal matters, the ECJ is the highest court in the EU for EU legal matters. 

 

Here in the UK, if the matter in dispute is a matter of EU law then once all UK legal paths have been exhausted, up to and including the Supreme Court, then leave may be given by the Supreme Court to take the case to the ECJ.

 

its A LOT more complicated than that

 

you also have the EFTA court on the scene,

which will handle cases where eg Iceland complains that MBenz (or Allard to keep it UK) sells cars in Iceland not compatible

with directives so so so so and so (ie EU SM stuff handled by EFTA)

 

its not clear at all what a UK legal matter is

note, EU may go after UK individuals and UK companies and stretch them, regardless of what UK high court says,

this is the ultimate sign that UK courts are not sovereign

 

apart from purely criminal acts you would need to look hard and long to find

UK only legal matters

 

 

[nauseus]

1 hour ago, 7by7 said:

Just as the Supreme Court in the UK is the highest court in the land for UK legal matters, the ECJ is the highest court in the EU for EU legal matters. 

 

Here in the UK, if the matter in dispute is a matter of EU law then once all UK legal paths have been exhausted, up to and including the Supreme Court, then leave may be given by the Supreme Court to take the case to the ECJ.

 

Of course you didn't answer the question. 

 

And of course I didn't expect that you would! 

[nauseus]

1 hour ago, damascase said:

‘Disagree’, you say. Of course you are allowed to ignore the fact that the ECJ’s preliminary ruling on the interpretation of Art. 50 did not follow the EU’s position, when this suits you........

And what do you suppose is the "EU's position"? 

[SheungWan]

1 minute ago, nauseus said:

And what do you suppose is the "EU's position"? 

Clearer than the UK's probably.

Edited December 11, 2018 by SheungWan

[nauseus]

Just now, SheungWan said:

Clearer than the UK's many positions.

I just love a clear and concise answer. Have you got one?

 

[SheungWan]

27 minutes ago, malagateddy said:

Blair..imo..war criminal..aka gangster..soros..destroyed pound sterling early 90'spiiv/gangster..or do you think that they are fine upstanding species???
To me..they are but scum

Official Conspiracy Theory Loony Tunes policy takes an outing.

[SheungWan]

1 hour ago, 7by7 said:

Just as the Supreme Court in the UK is the highest court in the land for UK legal matters, the ECJ is the highest court in the EU for EU legal matters. 

 

Here in the UK, if the matter in dispute is a matter of EU law then once all UK legal paths have been exhausted, up to and including the Supreme Court, then leave may be given by the Supreme Court to take the case to the ECJ.

 

 

7 minutes ago, nauseus said:

Of course you didn't answer the question. 

 

And of course I didn't expect that you would! 

The answer of course is that the UK Supreme Court and The European Court of Justice are both Enemies of the People for the Hard Brexiteer crowd.

[nauseus]

16 minutes ago, SheungWan said:

 

The answer of course is that the UK Supreme Court and The European Court of Justice are both Enemies of the People for the Hard Brexiteer crowd.

Ask a simple question and he has to get his HB pencil out.  

[damascase]

40 minutes ago, nauseus said:

And what do you suppose is the "EU's position"? 

The EU maintained that this needed the agreement of the 27 member states, as I wrote earlier.

[SheungWan]

20 minutes ago, nauseus said:

Ask a simple question and he has to get his HB pencil out.  

And sharpen it.

[tebee]

 

Edited December 11, 2018 by tebee

[nontabury]

14 hours ago, bomber said:

i see the growth figures were published today much better reading than dubious polls but with all the chaos they barely got a mention and the economy has just about stopped growing,brexit will send it in reserve,inflation and jobless will rise,big question is will the BoE raise interest rates to prop up the pound when it totally collapses.

Well you’ve definitely summed up the Remoaners case, all based on negativity and lies.

 

 

[malagateddy]

Official Conspiracy Theory Loony Tunes policy takes an outing.

S/w..best I think if you get on with your "I luv the eu" life..meanwhile Brexiteers like myself call a spade a spade..sometimes a shovel
...but we tell the truth!!!
Matter of interest..have saddam's WMD have been found yet??[emoji6]

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[nontabury]

1 hour ago, SheungWan said:

Official Conspiracy Theory Loony Tunes policy takes an outing.

Regarding Tony WMD Blair. I do not think the people of Syria and Iraq,who suffered,and are still suffering from the policy of this war criminal, whould consider it as a unjustified Conspiracy.

 

 

 

Edited December 11, 2018 by nontabury

[melvinmelvin]

I learn from MSM that TM is crisscrossing EU seeking support for

altering the deal from other PMs

 

may bear some fruits - may not

 

----

rip out the whole backstop and cu bit

make the deal to show a clear date for bye bye EU 

shouldn't be a large editing challenge

 

let chief DUP shout as much as she likes

 

the result might be more palatable

 

 

[damascase]

24 minutes ago, melvinmelvin said:

I learn from MSM that TM is crisscrossing EU seeking support for

altering the deal from other PMs

 

may bear some fruits - may not

 

----

rip out the whole backstop and cu bit

make the deal to show a clear date for bye bye EU 

shouldn't be a large editing challenge

 

let chief DUP shout as much as she likes

 

the result might be more palatable

 

 

She had breakfast in The Hague with the Dutch PM this morning, and then flew to Berlin.

Edited December 11, 2018 by damascase

[mommysboy]

33 minutes ago, melvinmelvin said:

I learn from MSM that TM is crisscrossing EU seeking support for

altering the deal from other PMs

 

may bear some fruits - may not

 

----

rip out the whole backstop and cu bit

make the deal to show a clear date for bye bye EU 

shouldn't be a large editing challenge

 

let chief DUP shout as much as she likes

 

the result might be more palatable

 

 

Hmm!

 

https://www.independent.co.uk/news/uk/politics/brexit-deal-theresa-may-jean-claude-juncker-eu-commission-negotiation-parliament-vote-a8677181.html

[vogie]

12 minutes ago, damascase said:

She had breakfast in The Hague with the Dutch PM this morning, and then flew to Berlin.

Plane or broom?

[stag4]

58 minutes ago, damascase said:

She had breakfast in The Hague with the Dutch PM this morning, and then flew to Berlin.

A British Prime Minister flying to Berlin to seek reassurances.

 

Is she going to come back waving a worthless piece of paper like the last one Did ????

[bomber]

5 minutes ago, stag4 said:

A British Prime Minister flying to Berlin to seek reassurances.

 

Is she going to come back waving a worthless piece of paper like the last one Did ????

about the same as what Farage,BJ and JC would come back with,beggars cannot be choosers,it will be interesting how JC does when as PM he tries to get us back in tho

[Grouse]

1 hour ago, nontabury said:

Regarding Tony WMD Blair. I do not think the people of Syria and Iraq,who suffered,and are still suffering from the policy of this war criminal, whould consider it as a unjustified Conspiracy.

 

 

 

Seriously off topic

[bomber]

2 hours ago, nontabury said:

Well you’ve definitely summed up the Remoaners case, all based on negativity and lies.

 

 

lies and negativity you call it,a pound down 20%,FTSE 100 lower than 1999 level,GDP just say rising but well down since the vote and lower than the majority of other EU nations,jobs market steady but slowing,investment down,confidence down,the £ more likely to fall further than rise,Labour favourites to win next GE. Looks great???? i await your usual reply of but youth unemployment in spain and Portugal is 30% so everything is fine.

[malagateddy]

She had breakfast in The Hague with the Dutch PM this morning, and then flew to Berlin.

And she'll come back with some tatty bit of paper same as chamberlin did all these years ago.
Best she resigns before she gets her p45

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[malagateddy]

Seriously off topic

But it's THE TRUTH !!!

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[Grouse]

11 minutes ago, malagateddy said:

But it's THE TRUTH !!!

Sent from my SM-G7102 using Thailand Forum - Thaivisa mobile app
 

That may be but it's still off topic

 

This a very serious situation and I think we should discuss the key facts.

[nauseus]

1 hour ago, stag4 said:

A British Prime Minister flying to Berlin to seek reassurances.

 

Is she going to come back waving a worthless piece of paper like the last one Did ????

Probably...and some bratwurst for Philip.

 

[nauseus]

57 minutes ago, bomber said:

lies and negativity you call it,a pound down 20%,FTSE 100 lower than 1999 level,GDP just say rising but well down since the vote and lower than the majority of other EU nations,jobs market steady but slowing,investment down,confidence down,the £ more likely to fall further than rise,Labour favourites to win next GE. Looks great???? i await your usual reply of but youth unemployment in spain and Portugal is 30% so everything is fine.

FTSE is not lower than at any time in 1999. Start with that.