Writing in the Financial Times, British lawyer David Allen Green explained Brexit voting is “advisory,” not “mandatory.” Parliament has final say.
MPs can legally disregard the public’s will either way, they alone empowered to decide the path Britain chooses.What happens ahead is “a matter of politics not law. It will come down to what is politically expedient and practicable,” said Green.
Various options exist, including supporting Thursday’s outcome, ignoring it, or “re-negotiating another deal and put(ting) that to another referendum” – repeating the process “until voters eventually vote the ‘right’ way,” what’s best for monied interests, not them.
Invoking
Article 50 of the Lisbon Treaty is another matter entirely, legally
binding, unlike Thursday’s vote. It states as follows:
“1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2.
A Member State which decides to withdraw shall notify the European
Council of its intention. In the light of the guidelines provided by the
European Council, the Union shall negotiate and conclude an agreement
with that State, setting out the arrangements for its withdrawal, taking
account of the framework for its future relationship with the Union.
That
agreement shall be negotiated in accordance with Article 218(3) of the
Treaty on the Functioning of the European Union. It shall be concluded
on behalf of the Union by the Council, acting by a qualified majority,
after obtaining the consent of the European Parliament.
3.
The Treaties shall cease to apply to the State in question from the
date of entry into force of the withdrawal agreement or, failing that,
two years after the notification referred to in paragraph 2, unless the
European Council, in agreement with the Member State concerned,
unanimously decides to extend this period.
4.
For the purposes of paragraphs 2 and 3, the member of the European
Council or of the Council representing the withdrawing Member State
shall not participate in the discussions of the European Council or
Council or in decisions concerning it.
A
qualified majority shall be defined in accordance with Article
238(3)(b) of the Treaty on the Functioning of the European Union.
5.
If a State which has withdrawn from the Union asks to rejoin, its
request shall be subject to the procedure referred to in Article 49.”
Green highlighted key points. Member states can choose how to vote on withdrawal – by referendum, parliament or other means.
The withdrawal process begins with formal notification. Once “given, the member state and the EU are stuck with it.”
Member states
wishing to withdraw have up to two years maximum to complete the
process “unless this period is extended by unanimous agreement.”
Once
withdrawal intentions are announced and initiated, there’s no going
back. At the same time, what’s “created by international agreement can
be undone” the same way.
Brussels
could “come up with some muddling fudge which holds off the two year
deadline,” or a new treaty amendment could be adopted.
Politics
alone will drive what happens ahead, not the will of the people. Britain
is no more democratic than America – nor are any other EU countries.
Special
interests decide things. Whatever they want they get. However voting
turns out, government policy “is to remain in the EU,” said Green.
Leaving would require Prime Minister David Cameron invoking Article 50, unlikely given his vocal opposition to Brexit.
Stephen Lendman lives in Chicago. He can be reached at lendmanstephen@sbcglobal.net.
His new book as editor and contributor is titled “Flashpoint in Ukraine: US Drive for Hegemony Risks WW III.”
Visit his blog site at sjlendman.blogspot.com.
Listen to
cutting-edge discussions with distinguished guests on the Progressive
Radio News Hour on the Progressive Radio Network.
The original source of this article is Global Research
Copyright © Stephen Lendman, Global Research, 2016
Comment on Global Research Articles on our Facebook page
No comments:
Post a Comment