1.The following comments attempt to stand back a little from the immediate swirl surrounding the new draft Withdrawal Agreement (‘WA2’) and reflect on what has (and has not) really happened over the last few days. 2.As many have already pointed out, about 90 percent of WA2 is exactly the same as the November 2018 draft Withdrawal Agreement (‘WA1)’. From a EU27 perspective, that is entirely unsurprising.

1. Writing in the Sunday Times yesterday, the Prime Minister announced, ‘My Withdrawal Agreement Bill will be a bold new offer to MPs’. 2. Self-evidently, it is highly desirable for there to be further, well-focused debate in Parliament so as to make intelligent use of the extension (until the end of October) to the period under Article 50 TEU before the UK automatically – with or without a deal – leaves the EU.

1. The Opinion produced yesterday by David Anderson QC and 5 other specialists in EU law (available at daqc.co.uk/2019/03/28/art… ) is an important and thoughtful contribution on a difficult subject. 2. The approach they have taken is different from that explored tentatively in my earlier tweets. So much the better.

1. A short further reflection on the vexed question of UK participation (or non-participation) in the European Parliament (EP) elections . 2. If the UK is still an EU Member State when the new EP begins to sit in July 2019, there should be UK participation in that new EP.

1. Always instructive to see what responses are triggered by a long tweet that tries to provide information to enrich the Brexit debate. Here is a follow-up (much shorter, I promise!) on the specific issue of European Parliament elections. 2. Is it really ‘inappropriate’ for the UK to hold elections for the new EP during an Article 50 extension period?

Chain continues!
25. Article 50 TEU (withdrawals from the EU) is the mirror provision of Article 49 TEU (accessions to the EU). Article 49 TEU served as the legal base for the 2011 Treaty of Accession of Croatia to the European Union. 26. Croatia was joining at a date (1 July 2013) that did not happen to coincide with the date for holding EP elections. However, as soon as Croatia was a Member State, it needed to have democratic representation in the EP.

1. Following two successive votes rejecting the draft withdrawal agreement (DWA) (432-202 against and 391-242 against) and this evening’s vote (321-278) to reject any no deal Brexit, here is a personal reflection/contribution on possible extensions of time under Article 50 TEU. 2. If the existing DWA ever ends up being approved, it is near-certain that the UK will have to seek a short (2-3 month) extension, in order to put in place the necessary measures to implement that agreement.

1. Reading tweets over the (notional) Christmas Brexit truce, I’ve been struck by the repeated confusion about what the UK can / cannot do over the three months to 29th March 2019. 2. As Parliament resumes and the surrounding discussion heats up, it may therefore perhaps be helpful to offer a little (further) clarification about how the process under Article 50 TEU works.

1. On 10 December) the CJEU (aka the ECJ) gave its ruling in Case C-621/18 Wightman. It held that a Member State may unilaterally revoke the notice that it has given under Article 50 TEU to leave the EU, in accordance with its constitutional procedures. 2. I was not involved in the case in any way. Having seen some of the tweets on the subject over the last ten days, I offer – for what they are worth – the following short personal comments.