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EU countries’ position on #Brexit delay being described to me still as a “cacophony” - some for short, others for long, some for strict conditions, others more relaxed BUT /1
EU decision on extension depends a) on what PM asks for b) on EU leaders once in a room together Thurs. Fair to say: all options stil on table and EU leaders want to avoid no deal. There will be no EU “no” to an extension request /2
There are legal and political issues mixed up in EU’s extension decision: /3
A short extension would be up to 1 July (say Council legal services) rather than 24 May (Commission date) BUT /4
If PM asks for short extension, EU lawyers say further extension impossible. WHY? Because short ext means UK not taking part in European Parliamentary elex. If UK then delays #Brexit past 1 July, remaining an EU member longer, it legally needs MEPs but wld have missed EP elex /5
If EU requests longer #Brexit delay eg 1 year, nothing in EU treaties says it could request another extension - legally - politically is another question! /6
EU lawyers also point out that while 1July short ext may seem a chunk of time, PM would need to be sure that’s all she needs. Otherwise UK must decide v soon: early April, I’m told - if taking part in European Parliamentary elex - in order to organise legally and practically /5
EU lawyers’ nightmare though they know v unlikely is: PM asks for short extension then revokes article 50 (cancels #Brexit) after it’s too late for UK to hold European Parliamentary elex. Rendering the Parliament and all its decisions legally unsound bc of absence of UK MEPs /6
Correction to first point /6 above (hand slap for texting too fast) : Nothing in EU treaties says UK could NOT request another extension - legally - politically is another question! If it asks for long extension to start with
