EXCLUSIVE - NOT ONLY AN EXTENSION, BUT A STRAITJACKET TOO

May commits UK to extraordinary EU control, using prerogative powers

© Brexit Facts4EU.Org 2019

The UK is now powerless in the EU

Readers will know by now that the “EU agrees to another extension”, to quote the BBC’s headline today.

Indeed the BBC’s Europe Editor Katya Adler says:

“In the summit conclusions there is no evidence of the punitive safeguards mooted to ensure the UK ‘behaves itself’ - refraining from blocking EU decisions - as long as it remains a club member.”

The BBC is 100% wrong

It’s 03.30am and Brexit Facts4EU.Org has examined the statement from the EU Council, as well as the “Legal Act : EUROPEAN COUNCIL DECISION taken in agreement with the United Kingdom extending the period under Article 50(3)TEU”

All media coverage we have seen up to this point has missed three essential and shocking points :-

Brexit Facts4EU.org Summary

  1. Mrs May has agreed that the UK will do what the EU tells it to
  2. New 'deal' only specifies that the UK can leave earlier than 31 Oct if it ratifies the Withdrawal Agreement
  3. Mrs May has already committed the UK to this deal, whatever MPs might say about it today

1. May agrees that the UK can do nothing against what the EU wants

Quite extraordinarily, the Prime Minister has agreed to stringent conditions from the EU, completely constraining it from voting the way it wants to on all EU business.

“…the United Kingdom shall facilitate the achievement of the Union’s tasks and shall refrain from any measure which could jeopardise the attainment of the Union’s objectives, in particular when participating in the decision-making processes of the Union.”

[Source: Legal Act : EUROPEAN COUNCIL DECISION taken in agreement with the United Kingdom extending the period under Article 50(3)TEU ]

The above has the effect of removing the UK’s effective decision-making powers to act in its own interests. We believe this to be completely unlawful under the Treaties. That said, this has never stopped the EU before. A legal decision of Council, as expressed last night, will trump the Treaties from a political standpoint based on our experience of the EU, no matter the legal position.

The legal document, agreed by Mrs May, goes on to say :-

“This extension excludes any re-opening of the Withdrawal Agreement. Any unilateral commitment, statement or other act by the United Kingdom should be compatible with the letter and the spirit of the Withdrawal Agreement, and must not hamper its implementation. Such an extension cannot be used to start negotiations on the future relationship.”

[Source: Legal Act : EUROPEAN COUNCIL DECISION taken in agreement with the United Kingdom extending the period under Article 50(3)TEU ]

The above stops the UK from undertaking any “unilateral commitment, statement or other act by the United Kingdom” which goes against “the letter and the spirit” of the Withdrawal Agreement. Words fail us.

2. The only ‘early get out’ is if the UK ratifies May’s surrender treaty

A key aspect of this appalling deal is whether the UK can exit the EU earlier than 31 October. The only condition of exit in the EU’s Legal Act is if the UK ratifies the Withdrawal Agreement.

Here is what the document says :-

“The European Council also recalled that, under Article 50(3) TEU, the Withdrawal Agreement may enter into force on an earlier date, should the Parties complete their respective ratification procedures before 31 October 2019. Consequently, the withdrawal should take place on the first day of the month following the completion of the ratification procedures or on 1 November 2019, whichever is the earliest.”

[Source: Legal Act : EUROPEAN COUNCIL DECISION taken in agreement with the United Kingdom extending the period under Article 50(3)TEU

There is no mention of the UK being able to exit the EU before 31 October on any other basis, other than it exiting automatically if it fails to hold elections to the EU Parliament. This, however, is something which the Government put in place by law yesterday.

What if the UK Parliament finally decides to honour the Referendum result and wishes to exit on WTO terms? This is not allowed for in the agreement to which Mrs May has signed us up. And she has signed it – see below.

3. May has already committed the UK to this, in writing last night

Equally extraordinarily, Mrs May has already committed the UK to her late night agreement in Brussels.

“…as set out in the letter from the Permanent Representative of the UK to the European Union, Sir Tim Barrow of 11 April 2019, it has agreed, in accordance with Article 50(3) TEU, to the extension of the period referred to in that Article and to this decision”

[Source: Legal Act : EUROPEAN COUNCIL DECISION taken in agreement with the United Kingdom extending the period under Article 50(3)TEU

In the early hours of this morning, the UK’s Ambassador to the EU delivered a letter to the EU Council, accepting this appalling surrender. In effect, Theresa May has already committed the UK, using prerogative powers. You can read this letter here.

It matters not what MPs might have to say about this. The evil deed is done. Why did she have to do this in the early hours of the morning?

IMPORTANT NOTE: We are not lawyers, even though we have some significant experience of reading the EU's legal or quasi-legal announcements over several years. We have sought legal clarification from Lawyers for Britain and from other Counsel, and are awaiting their opinion on what we have written above. We will revise if necessary, although we don't expect that we will have to.

UPDATE: Lawyers for Britain have said that this new agreement does not change the UK's power of veto under the Treaties. Technically this may be true, but politically we still believe that what Mrs May agreed to will impose severe political restrictions on what the UK can and can't do over the next six months. Let's just say that we doubt that the UK's veto will be exercised on any EU decision.

Observations

Theresa May

We have criticised Mrs May from the start of her campaign to become Prime Minister – something which initially lost us a lot of readers. Fortunately many came back as our concerns were borne out by her actions.

As recently as last Sunday we wrote :-

“We now consider Theresa May to be a clear and present danger to the social, political, and constitutional fabric of the United Kingdom. She must go. Now.”

Today we must go one step further. We believe her to be mentally unfit to govern.

The BBC

Either the BBC’s Europe Editor is incompetent, or she is deliberately misleading the British public. For her to state that “there is no evidence of the punitive safeguards mooted to ensure the UK ‘behaves itself’ - refraining from blocking EU decisions - as long as it remains a club member” – is demonstrably wrong.

Credit: BBC website 2019

It seems Ms Adler completely failed to look at the important document – the Legal Act. Any responsible journalist covering the EU knows that it’s what is in the legal texts that matters. If she didn’t see that text when she wrote her piece, she should have refrained from commenting, knowing full well that constraints on the UK were highly likely.

The BBC is wrong on a fundamental point regarding the future of our country. So wrong that we are forced to ask why on earth this organisation should continue to extract money each year (under legal powers) from the British people.

Finally, if you value the information we have given you above, please donate to keep us informing you like this.

[ Sources : EU Council | UK Government ]

Brexit Facts4EU.Org, 11 Apr 2019

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Reader Comments 16

1. Concerned Expat , Thursday, April 11, 2019, 05:00:

Oh my God, she is the problem. So weak-kneed as to make the country the laughing stock of Europe and the other MP's let this happen.
The people voted leave, they might as well voted for pigs to fly. Rip UK.

2. Concerned Expat , Thursday, April 11, 2019, 05:03:

"We have criticised Mrs May from the start of her campaign to become Prime Minister – something which initially lost us a lot of readers. Fortunately many came back as our concerns were borne out by her actions."
I am sorry to hear this, but it was also clear to me from the beginning that she was put in place for a reason. That reason is now crystal clear.

3. Ashley Great Britain , Thursday, April 11, 2019, 06:01:

No vote,no veto,taxation without representation.
This is calamitous for the UK.
Puppet Theresa is ripping us to shreds.
Nothing at all has gone the way of leave supporters.
Ladies and gentlemen,we are prisoner's in our own country. Our EU government have done their job well. Our brexit mep's will be sitting rag dolls.
Mrs may must go now!
The fight has only just started...

4. Patrick F , Thursday, April 11, 2019, 06:21:

Six more months to get Corbyn's Customs Union and a second "People's Vote", with the stitch up question
"May's deal, or Remain?"
Six more months not to prepare for no deal.
Six more months for the Tories not to remove May.
Six more months for how many more votes on the WA?
Six more months of pointless "debate" in Parliament.
Six more months of the BBC telling me how reasonable the EU are.
Six more months for us to continue the arguments for Brexit.
Six more months to fight for democracy.
Here are some cans you can't kick down the road Mrs May: the local elections and EU Parliament elections. You will be destroyed.

5. Concerned Expat , Thursday, April 11, 2019, 06:51:

Very well said Patrick F, I particularly love the line "Six more months for how many more votes on the WA?" - that is a poisoned chalice if ever there was one. It certainly is not leave as LeavemeansLeave in any sense of the word.
It was also clear beforehand what would happen last night with the special summit. It's all pantomine and a sick joke on democracy on the voters.
If the Conservatives don't get rid of her, they are going to deservedly get a thrashing in the next GE, if one is allowed of course. The country may be that far down the pan by then.
I am sorry to sound so despondent, but in 66 years on mother earth, I don't think I have ever seen a more incompetant government cabinet. There are some quality people in the party but none have the guts to overpower the side of the party that is destroying everything that was once considered normal in Great Britain. That makes me very sad for the country, it could be so great again, but it has been infilitrated by so many dark forces that I fear for its survival.

6. James Bertram , Thursday, April 11, 2019, 07:23:

'There is no mention of the UK being able to exit the EU before 31 October on any other basis, other than it exiting automatically if it fails to hold elections to the EU Parliament. This, however, is something which the Government put in place by law yesterday.'
Is this a weak spot?
What constitutes failure?
What if protesters blockade polling stations, or run off with the ballot box? Will we have to hold elections under high security as they do in some 3rd world countries? Will we have to have independent monitors assessing whether it is a free and fair election?
What a joke we've become.

7. James Bertram , Thursday, April 11, 2019, 07:35:

If we got a new Tory leader who cancelled our participation in the European Elections, presumably that would also mean we leave the EU automatically?

8. K Jig , Thursday, April 11, 2019, 09:11:

I believe Mrs May was put in place by leading Remainers to deliver either BRINO or completely sabotage BREXIT! My heart sank when she was made PM and unfortunately I have been proved correct. What now? Do the Conservatives really believe after this we will vote for them?

9. Chris , Thursday, April 11, 2019, 09:20:

Two points:
1. Your statement "Today we must go one step further. We believe her to be mentally unfit to govern.".
That may well be true.
Alternatively, it could be that John Petley's allegations are all true, and she is being blackmailed by Merkel. That is, she must agree to whatever the EU wants, including passing the WA, or the transcripts (or recordings) of the May-Merkel collusion/conspiracy meetings will be made public, and she will face treason charges.
2. If the UK doesn't 'behave', as Farage has promised, will they kick us out early with No Deal?

10. Not4EU, London , Thursday, April 11, 2019, 09:51:

This (almost certainly) unlawful act has one aim - to 'persuade' MPs to vote through her surrender Treaty & legally bind us.
Bear in mind whenever she says "a deal in Britain's interests" that she tweeted that she believes that remaining in the EU was 'in Britain's interests'.
We have to ask ourselves why the Conservative and (European) Unionist Party has done NOTHING of note to prevent this shambles. There have been multiple opportunities to do so but they still allowed this embarrassment to continue. Some still believe changing their figurehead will put the party back together. It's like watching the chairs being rearranged on the Titanic. Just like labour, it is rotten to the core. Those few who still believe in democracy, and even fewer in Labour, need to recognise that the love of their life has been playing away for 45 years & is now just flaunting their affair in your face. Just like the EU, you need to walk away to save yourself.
The precedents set have now set the stage for tyranny. For those thinking that it's a good thing, remember that when it is used against you as it well may. Since June 2016, no-one has been able to blame the EU. This is a 100% clusterf*** by our own Parliament who want to play at politics whilst outsourcing the big decisions to the EU.
None of the main parties stand for democracy, as clearly demonstrated by their actions, which are treasonous. Nobody who believes in democracy should ever vote for them again. The Govt & current Parliament need to be brought down.
If the 17.4m plus others who believe in democracy pledged just £1 to crowdfund a legal case, it would help. This abomination must be stopped.

16 comments, page 1 of 2


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