Sunday, 3 July 2016

Brexit. The withdrawal process from the EU. Constitutional Realities

Brexit. The withdrawal process from the EU. Constitutional realities.

The referendum on the EU was a UK referendum. It was not a series of four
separate referendums in England, Wales, Scotland and Northern Ireland as some members of the
press and some politicians seem to think. In the referendum the UK was taken as a whole as one
country and not as four separate countries. The UK parliament in London has total power.. Both
the Scottish Parliament and the Northern Ireland Assembly have no power to override the outcome
and the result. The UK result was to leave the EU. That means all the UK to leave. The UK is
taken as one country. Former Scottish First Minister Mr Salmon has recognised that fact. Those
who talk of a Scottish referendum or a Northern Ireland referendum are playing with the truth.
Such referendums did not take place. The only referendum that took place was a UK referendum
Two questions arise. . Firstly how can the UK quickly and efficiently extricate
itself from the EU? Secondly can Scotland secede from the UK through a second referendum if
they do not like the result?.
Taking the first question of the UK extricating itself. Repealing the ECA 72 will not
take us out of the EU! To withdraw from the EU Britain must denounce the EU treaties, both TEU
and TFEU(Schrimpton). Article 50 of the TEU should be enacted sooner rather than later. To wait
until a new Conservative leader and Prime Minister is in place is much too long and would give the
enemies of the democratic process time to regroup. The people have spoken and there can be no
turning back as the Prime Minister has said. Talk of a second referendum is just mischief.
The ECJ has ruled that The Vienna Convention on the law of treaties applies to the EU treaties so
the Vienna convention can be used to proceed to reject the role of the EU over British courts.

The second question of a possible second referendum in Scotland cannot happen without
the expressed permission of the UK parliament. If Scotland voted in any referendum
permitted by the UK parliament to become a separate EU state(which would not be a independent
state) it would have to adopt the euro and Schengen immediately. That would mean passport
controls at the border. Few would want that outcome. Also with oil down from $100 a barrel a
year ago to $50 a barrel and with the north sea oil industry contracting and with Scottish debt
mounting Scotland could economically suffer in taking such a perilous step.
Terri Jackson Msc MPhil(econ)

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