2016 – 045 Confusion about Vienna, Article 50 the ECA and leaving the EU

Subject: Re: Fwd: Re: Article 50? – a trap, we remain free to repeal the ECA
To: Idris Francis <idris.francis@btinternet.com>
From: Michael Shrimpton <michael@mshrimpton.co.uk>
Date: Sun, 26 Jun 2016 18:14:18 +0100


There does seem to be some serious confusion about Vienna, Article 50 and the ECA.

This is really a subject for experts – non-experts, frankly, seem almost inevitably to fall into the trap of confusing international and domestic law, miring themselves in utter confusion in the process.

Re-stating what I have been emphasising for over 20 years:

1.    Repealing the ECA72 does not take us out of the EU.  The repeal will simply disapply the EU treaties in the EU.  The repeal will have no meaningful legal effect outside the EU.

2.    In order to withdraw from the EU we must denounce the EU treaties, both TEU and TFEU.

3.    This can be done in one of either two ways: we denounce under TEU Article 50, on two year’s notice, with the option of a trade deal with the EU (which we neither need nor want, as we trade at a massive deficit), or we denounce under the Vienna Convention on the Law of Treaties (VCLT).

4.    Vienna basically gives us three options: immediate denunciation on the ground of corruption by West Germany of our signatories, denunciation on three month’s notice on the ground of material change of circumstances, which the referendum result amounts to, or denunciation on 12 month’s notice, for which no reason need be given, as the Convention accepts that 12 months is a reasonable period.

5.    The ECJ has already ruled that Vienna applies to the EU treaties (el-YassiniCase).  It is with respect nonsense on stilts to suggest otherwise, as the TEU and TFEU are clearly treaties between sovereign states.

6.    The Scottish First Minister is also labouring under a number of delusions.  The MSM are solemnly reporting that the Scottish Parliament, an assembly created by Parliament and exercising delegated powers only, has power to enlarge its authority and declare UDI, or call a referendum on UDI.  It has no such power, and UDI by Scotland would be as much high treason by those organising it as UDI by Southern Rhodesia.  The Scottish Executive has no role in either defence or foreign affairs, and absolutely no say in the EU question.

7.    If the UK Parliament permits another referendum – highly unlikely, as the issue was settled in the 2014 referendum – and if Scots voted to become a German client state inside the EU (the SNP are adamantly opposed to Scottish independence and are effecitvely a pro-German, anti-British party) the better view under the rules on state succession is that Scotland would have to apply to the EU for membership, adopting the euro and Schengen from the word go.  That would require passport and import controls at the Anglo-Scottish frontier.

Michael Shrimpton

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