The Mudcat Café TM
Thread #165570 Message #3975232
Posted By: Iains
07-Feb-19 - 04:23 AM
Thread Name: BS: Brexit #3: A futile gesture?
Subject: RE: BS: Brexit #3: A futile gesture?
An interesting snippet:
"Accordingly, on the basis of the EU's own view of what is legally allowed under Article 50 and on the basis of which the negotiations proceeded, the backstop in its present form is illegal as a matter of EU law. The Attorney-General of the UK came to a similar conclusion in paragraph 17 of his advice to the government of 13 November 2018. It could also be argued that the backstop is inconsistent with the aim of the Treaty on the European Union to promote peace (expressed in its Article 3) since it is inconsistent with the institutional provisions of the Belfast/Good Friday Agreement and therefore undermines it.
EU law provides for a specific procedure for ensuring the legality of an envisaged international agreement before it is concluded. The procedure is set out in Article 218(11) TFEU and is regularly used."