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Formal instrument of Article 50 extension was a letter sent by Sir Tim Barrow this morning after PM agreed with Tusk last night - that activated Paragraph 3 of Article 50 - the letter does not actually mention a date, but the EU Council (28) unanimous conclusion does mention both 
nerdy but interesting... I had thought a specific date would have to have been agreed before A50 (3) was actually activated - but it has, with two dates mentioned.
But answer to the question - when will the Treaties cease to apply? Is now in EU law - “not March 29th”, not sure.
But answer to the question - when will the Treaties cease to apply? Is now in EU law - “not March 29th”, not sure.
But to be clear - legally, under EU law, the Treaty exit date is now no longer 29.3.19 - it is done. It’s off.
It is not been replaced with a specific alternative.
It is not been replaced with a specific alternative.
Actually to be superpedantic the eradication from EU law of the 29.3.19 as the date the EU Treaties ceased to apply to UK was confirmed as a “non legislative act” when it was published in the Official Journal of the EU a few moments ago: eur-lex.europa.eu/legal-content/…
Ie Article 50 (3) “unless the European Council unanimously decides to extend this period” - requiring unanimous consent of EU27, has been activated already, and agreed by UK:
So - why am I interested - Treaty ceasing to apply day has changed in EU law, tho not to a specific new day.
But hasn’t yet in domestic UK law after Number 10 chose to write it into the EU Withdrawal Act. Nonetheless, a Grieve revolt & Letwin deal inserted this change s20 power
But hasn’t yet in domestic UK law after Number 10 chose to write it into the EU Withdrawal Act. Nonetheless, a Grieve revolt & Letwin deal inserted this change s20 power
But you will see that in order to change the domestic law exit date that repeals the European Communities Act by a UK ministerial regulation (ie statutory instrument), it has to be changed only to match the specific new EU law treaty exit date.
Which has not been set yet.
Which has not been set yet.
So in the Statutory Instrument voted on in the Commons next week - what date will be mentioned? 22.5 if MV3 passes... 12.4 if it doesn’t and then process repeated of EP elections announced and longer extension agreed...
Commons can’t amend the date, only approve the SI or not.
Commons can’t amend the date, only approve the SI or not.
On what would happen if the Commons & Lords did not approve a change of UK domestic law exit date (it should be a formality though)
PMs letter to her MPs confirm that the “Councils Conclusions have been turned into a legal Decision which comes into force... the Decision sets the new date of our departure”... takes Commons/ Lords SI change for granted...
