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Simon Usherwood
@Usherwood
, 5 tweets, 2 min read Read on Twitter
Let's have a go at explaining why this is wrong

- The Act requires government to seek an extension to Art.50 if no deal is agreed by 19 Oct and if Parlt doesn't want a no-deal Brexit
- Act doesn't compel EU to agree
- Nothing in Act gives power to EU to veto anything

1/
For the hard-of-understanding, an Act of Parliament can only apply to British law.

Under EU law - the relevant one in this case - EU has absolutely no power to stop UK being a member

Go read Art.50 itself: eur-lex.europa.eu/legal-content/…

2/
Excitingly, even if you reject EU law being the relevant framework, the EU is bound by it (obviously) and they consider they have no power to stop the UK leaving

3/
It might be a bit tricky to understand, but actually it's not that tricky.

By EU's own rules, it can't stop the UK leaving, even if there were a UK law to say they could (which there isn't, to be very clear)

4/
The worst of it is that this tweep knows all of this full well

/end
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Simon Usherwood
@Usherwood
An elaboration on this

What happens if the EU adds conditions to its acceptance of a request to extend?

1/
There has been some discussion about whether the EU could require the UK to hold a general election, or a referendum, or do something else, if it wants to get the extension to 31 Jan 2020

2/
Because the Act says that if the EU accepts that date, then the UK has to accept it (Section 3(1), legislation fans: legislation.gov.uk/ukpga/2019/26/…)

3/
Read 12 tweets
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Simon Usherwood
@Usherwood
So, I made this summary of the EU (Withdrawal) (No.2) Act, also known as the Benn Act.

Maybe it's of use on what it does (and doesn't) require

@UKandEU
@UKandEU @anandMenon1 @jillongovt @ProfTimBale Now with a clarification, because I didn't include the revocation option (h/t @steinbck @StevePeers)
@UKandEU @anandMenon1 @jillongovt @ProfTimBale @steinbck @StevePeers And with another clarification at the bottom, on the more precise procedure in case of differing dates (h/t @deborah_c)
Read 3 tweets
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Simon Usherwood
@Usherwood
Leaving treaties, a quick guide

1/
The international system is a bit of wild place and to a surprising degree, what goes, goes: you get to do quite a lot that you want (although conditioned by what others might do in return)

However, that said, there is some structure

2/
There are some general conventions about international treaties, which closely map on the more-interesting-than-it-sounds Vienna Convention on the Law of Treaties (VCLT)

3/
Read 14 tweets

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