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Useful to run through the legal aspect of an Art.50 extension
Tl;dr it's much more about EU law than UK law
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Tl;dr it's much more about EU law than UK law
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Under Art.50, state is free to leave EU, following notification.
Can also ask for extension to departure period.
In both cases, domestic process for doing these things is left to that state
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Can also ask for extension to departure period.
In both cases, domestic process for doing these things is left to that state
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In particular, extension has no particular language in Art.50
For past extensions, UK gvt just sent a letter to President of European Council
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For past extensions, UK gvt just sent a letter to President of European Council
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In practice, EU would consider any request it received from UK: as long as it had reason to believe it was sincere and legal (in broadest sense) then it would handle it
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Thus, specific form of request is flexible and doesn't necessarily have to be a letter from PM (although not immediately clear what an alternative form might be
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However, EU agreement to extend is essential.
UK cannot unilaterally decide to extend and MUST have accord of all EU27
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UK cannot unilaterally decide to extend and MUST have accord of all EU27
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So as we roll into another week of constitutional chicken, worth keeping these points in mind
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