Does extending Article 50 legally require a new set date?
If the United Kingdom chose to apply for a delay to Article 50, must they set a new (target) date in order to do so? Or could the UK suspend postpone Article 50 until further notice / indefinitely, without setting any new date? My question is from a legal point of view; whether the EU-27 would agree with such a move, even if possible, is a separate question.
brexit
asked 1 hour ago
gerritgerrit
18.4k776169
add a comment |
If the United Kingdom chose to apply for a delay to Article 50, must they set a new (target) date in order to do so? Or could the UK suspend postpone Article 50 until further notice / indefinitely, without setting any new date? My question is from a legal point of view; whether the EU-27 would agree with such a move, even if possible, is a separate question.
brexit
asked 1 hour ago
gerritgerrit
18.4k776169
add a comment |
If the United Kingdom chose to apply for a delay to Article 50, must they set a new (target) date in order to do so? Or could the UK suspend postpone Article 50 until further notice / indefinitely, without setting any new date? My question is from a legal point of view; whether the EU-27 would agree with such a move, even if possible, is a separate question.
brexit
asked 1 hour ago
gerritgerrit
18.4k776169
If the United Kingdom chose to apply for a delay to Article 50, must they set a new (target) date in order to do so? Or could the UK suspend postpone Article 50 until further notice / indefinitely, without setting any new date? My question is from a legal point of view; whether the EU-27 would agree with such a move, even if possible, is a separate question.
brexit
brexit
asked 1 hour ago
gerritgerrit
18.4k776169
asked 1 hour ago
gerritgerrit
18.4k776169
edited 9 mins ago
gerrit
asked 1 hour ago
gerritgerrit
18.4k776169
asked 1 hour ago
gerritgerrit
18.4k776169
asked 1 hour ago
gerritgerrit
18.4k776169
18.4k776169
add a comment |
add a comment |
2 Answers
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votes
The UK cannot suspend Article 50. It can merely retract it and that would have to be in good faith, i.e. with the intention to stay for the foreseeable future. So a retraction has no new set date.
The UK and EU27, acting unanimously, can extend the negotiation period as long as they like. I'm not aware of any rule that would force them to set a date. Note that this requires unanimity, while accepting a withdrawal agreement merely requires a qualified majority.
Article 50 was mostly written with the intention of never using it, so it is rather scetchy on details. Where beyond the article itself would one look for clarification? 50 (2) references TFEU, 50 (3) does not.
answered 59 mins ago
o.m.o.m.
6,44811023
This may be an English language question, but what is the difference between "suspend" and "extend without a date"?
– gerrit
46 mins ago
1
@gerrit, as I understand it "suspending" Article 50 would suspend the Brexit negotiations, which is clearly not the intention of anybody in the UK but the Remainer minority. Using the process described in 50 (3) to extend the period, with or without a specific date, would keep Article 50 and the negotiations open.
– o.m.
37 mins ago
Aha. I clearly meant an indefinite extension, I will clarify the question.
– gerrit
10 mins ago
add a comment |
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 agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the European Council, in agreement with the Member State concerned,
unanimously decides to extend this period.
As the Treaty is silent on the requirement for any end date, it can be assumed that the Treaty allows for an indefinite extension, provided unanimous consent is given.
Furthermore, there is no mechanism for the UK to unilaterally "suspend" its exit from the European Union. The European Court of Justice ruled last month that the UK can unilaterally revoke its notice of intention to leave "in an unequivocal and unconditional manner"; in other words, without intending to send another such notification in the imminent future.
Additionally, it must be noted that the date and time of withdrawal is currently coded into UK law. Before any request for extension can be legally made, the European Union (Withdrawal) Act will need to be amended by the UK Parliament to allow for a different date.
answered 28 mins ago
Joe CJoe C
1,659424
add a comment |
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2 Answers
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active
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2 Answers
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The UK cannot suspend Article 50. It can merely retract it and that would have to be in good faith, i.e. with the intention to stay for the foreseeable future. So a retraction has no new set date.
The UK and EU27, acting unanimously, can extend the negotiation period as long as they like. I'm not aware of any rule that would force them to set a date. Note that this requires unanimity, while accepting a withdrawal agreement merely requires a qualified majority.
Article 50 was mostly written with the intention of never using it, so it is rather scetchy on details. Where beyond the article itself would one look for clarification? 50 (2) references TFEU, 50 (3) does not.
answered 59 mins ago
o.m.o.m.
6,44811023
This may be an English language question, but what is the difference between "suspend" and "extend without a date"?
– gerrit
46 mins ago
1
@gerrit, as I understand it "suspending" Article 50 would suspend the Brexit negotiations, which is clearly not the intention of anybody in the UK but the Remainer minority. Using the process described in 50 (3) to extend the period, with or without a specific date, would keep Article 50 and the negotiations open.
– o.m.
37 mins ago
Aha. I clearly meant an indefinite extension, I will clarify the question.
– gerrit
10 mins ago
add a comment |
The UK cannot suspend Article 50. It can merely retract it and that would have to be in good faith, i.e. with the intention to stay for the foreseeable future. So a retraction has no new set date.
The UK and EU27, acting unanimously, can extend the negotiation period as long as they like. I'm not aware of any rule that would force them to set a date. Note that this requires unanimity, while accepting a withdrawal agreement merely requires a qualified majority.
Article 50 was mostly written with the intention of never using it, so it is rather scetchy on details. Where beyond the article itself would one look for clarification? 50 (2) references TFEU, 50 (3) does not.
answered 59 mins ago
o.m.o.m.
6,44811023
This may be an English language question, but what is the difference between "suspend" and "extend without a date"?
– gerrit
46 mins ago
1
@gerrit, as I understand it "suspending" Article 50 would suspend the Brexit negotiations, which is clearly not the intention of anybody in the UK but the Remainer minority. Using the process described in 50 (3) to extend the period, with or without a specific date, would keep Article 50 and the negotiations open.
– o.m.
37 mins ago
Aha. I clearly meant an indefinite extension, I will clarify the question.
– gerrit
10 mins ago
add a comment |
The UK cannot suspend Article 50. It can merely retract it and that would have to be in good faith, i.e. with the intention to stay for the foreseeable future. So a retraction has no new set date.
The UK and EU27, acting unanimously, can extend the negotiation period as long as they like. I'm not aware of any rule that would force them to set a date. Note that this requires unanimity, while accepting a withdrawal agreement merely requires a qualified majority.
Article 50 was mostly written with the intention of never using it, so it is rather scetchy on details. Where beyond the article itself would one look for clarification? 50 (2) references TFEU, 50 (3) does not.
answered 59 mins ago
o.m.o.m.
6,44811023
The UK cannot suspend Article 50. It can merely retract it and that would have to be in good faith, i.e. with the intention to stay for the foreseeable future. So a retraction has no new set date.
The UK and EU27, acting unanimously, can extend the negotiation period as long as they like. I'm not aware of any rule that would force them to set a date. Note that this requires unanimity, while accepting a withdrawal agreement merely requires a qualified majority.
Article 50 was mostly written with the intention of never using it, so it is rather scetchy on details. Where beyond the article itself would one look for clarification? 50 (2) references TFEU, 50 (3) does not.
answered 59 mins ago
o.m.o.m.
6,44811023
edited 52 mins ago
answered 59 mins ago
o.m.o.m.
6,44811023
answered 59 mins ago
o.m.o.m.
6,44811023
answered 59 mins ago
o.m.o.m.
6,44811023
6,44811023
This may be an English language question, but what is the difference between "suspend" and "extend without a date"?
– gerrit
46 mins ago
1
@gerrit, as I understand it "suspending" Article 50 would suspend the Brexit negotiations, which is clearly not the intention of anybody in the UK but the Remainer minority. Using the process described in 50 (3) to extend the period, with or without a specific date, would keep Article 50 and the negotiations open.
– o.m.
37 mins ago
Aha. I clearly meant an indefinite extension, I will clarify the question.
– gerrit
10 mins ago
add a comment |
This may be an English language question, but what is the difference between "suspend" and "extend without a date"?
– gerrit
46 mins ago
1
@gerrit, as I understand it "suspending" Article 50 would suspend the Brexit negotiations, which is clearly not the intention of anybody in the UK but the Remainer minority. Using the process described in 50 (3) to extend the period, with or without a specific date, would keep Article 50 and the negotiations open.
– o.m.
37 mins ago
Aha. I clearly meant an indefinite extension, I will clarify the question.
– gerrit
10 mins ago
This may be an English language question, but what is the difference between "suspend" and "extend without a date"?
– gerrit
46 mins ago
This may be an English language question, but what is the difference between "suspend" and "extend without a date"?
– gerrit
46 mins ago
1
1
@gerrit, as I understand it "suspending" Article 50 would suspend the Brexit negotiations, which is clearly not the intention of anybody in the UK but the Remainer minority. Using the process described in 50 (3) to extend the period, with or without a specific date, would keep Article 50 and the negotiations open.
– o.m.
37 mins ago
@gerrit, as I understand it "suspending" Article 50 would suspend the Brexit negotiations, which is clearly not the intention of anybody in the UK but the Remainer minority. Using the process described in 50 (3) to extend the period, with or without a specific date, would keep Article 50 and the negotiations open.
– o.m.
37 mins ago
Aha. I clearly meant an indefinite extension, I will clarify the question.
– gerrit
10 mins ago
Aha. I clearly meant an indefinite extension, I will clarify the question.
– gerrit
10 mins ago
add a comment |
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 agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the European Council, in agreement with the Member State concerned,
unanimously decides to extend this period.
As the Treaty is silent on the requirement for any end date, it can be assumed that the Treaty allows for an indefinite extension, provided unanimous consent is given.
Furthermore, there is no mechanism for the UK to unilaterally "suspend" its exit from the European Union. The European Court of Justice ruled last month that the UK can unilaterally revoke its notice of intention to leave "in an unequivocal and unconditional manner"; in other words, without intending to send another such notification in the imminent future.
Additionally, it must be noted that the date and time of withdrawal is currently coded into UK law. Before any request for extension can be legally made, the European Union (Withdrawal) Act will need to be amended by the UK Parliament to allow for a different date.
answered 28 mins ago
Joe CJoe C
1,659424
add a comment |
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 agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the European Council, in agreement with the Member State concerned,
unanimously decides to extend this period.
As the Treaty is silent on the requirement for any end date, it can be assumed that the Treaty allows for an indefinite extension, provided unanimous consent is given.
Furthermore, there is no mechanism for the UK to unilaterally "suspend" its exit from the European Union. The European Court of Justice ruled last month that the UK can unilaterally revoke its notice of intention to leave "in an unequivocal and unconditional manner"; in other words, without intending to send another such notification in the imminent future.
Additionally, it must be noted that the date and time of withdrawal is currently coded into UK law. Before any request for extension can be legally made, the European Union (Withdrawal) Act will need to be amended by the UK Parliament to allow for a different date.
answered 28 mins ago
Joe CJoe C
1,659424
add a comment |
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 agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the European Council, in agreement with the Member State concerned,
unanimously decides to extend this period.
As the Treaty is silent on the requirement for any end date, it can be assumed that the Treaty allows for an indefinite extension, provided unanimous consent is given.
Furthermore, there is no mechanism for the UK to unilaterally "suspend" its exit from the European Union. The European Court of Justice ruled last month that the UK can unilaterally revoke its notice of intention to leave "in an unequivocal and unconditional manner"; in other words, without intending to send another such notification in the imminent future.
Additionally, it must be noted that the date and time of withdrawal is currently coded into UK law. Before any request for extension can be legally made, the European Union (Withdrawal) Act will need to be amended by the UK Parliament to allow for a different date.
answered 28 mins ago
Joe CJoe C
1,659424
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 agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the European Council, in agreement with the Member State concerned,
unanimously decides to extend this period.
As the Treaty is silent on the requirement for any end date, it can be assumed that the Treaty allows for an indefinite extension, provided unanimous consent is given.
Furthermore, there is no mechanism for the UK to unilaterally "suspend" its exit from the European Union. The European Court of Justice ruled last month that the UK can unilaterally revoke its notice of intention to leave "in an unequivocal and unconditional manner"; in other words, without intending to send another such notification in the imminent future.
Additionally, it must be noted that the date and time of withdrawal is currently coded into UK law. Before any request for extension can be legally made, the European Union (Withdrawal) Act will need to be amended by the UK Parliament to allow for a different date.
answered 28 mins ago
Joe CJoe C
1,659424
answered 28 mins ago
Joe CJoe C
1,659424
answered 28 mins ago
Joe CJoe C
1,659424
answered 28 mins ago
Joe CJoe C
1,659424
1,659424
add a comment |
add a comment |
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