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MEMO to People of the UK: Don’t Let the pols WEASEL out of this Vote: Invoke Article 50 Immediately!

I believe the battle for Brexit is only beginning.

Yes the vote was fabulous and awe-inspiring.  I am so thrilled and happy for you in the UK and especially Nigel Farage – his dream is coming true.  He has taken UKIP and the struggle for liberty and sovereignty for the British people from a fringe party to the first party other than Labour or the Tories to win a national election in over a century (since 1906) to a successful Brexit vote.

BUT, the struggle for liberty and sovereignty is NOT over.  It is just beginning.  The politicians, with a few exceptions, are still opposed to the break-up.  Proof:  Neither PM Cameron nor the likely (in my view) new PM Boris Johnson are prepared to immediately invoke Article 50 of the Lisbon Treaty.

Here is Article 50:

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 If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.

Now here is an excellent precis on this provision from Open Europe.  What I take from the text (St. Antonin Scalia would say look at the text first!) and the Open Europe article is that the EU laws etc. remain in effect until two years after formal notice is given to the EU that a member state wishes to withdraw.

While there is a possibility that the vote itself could be the notice – and PM Cameron’s government even said exactly that some time ago (when they thought they would win) I would say some sort of written notice ought to be transmitted to invoke Article 50.

This notice needs to be done IMMEDIATELY.  The longer this is delayed the longer EU law will govern the people and the more opportunity for mischief by the pols to try to weasel out of the vote’s result.  Even Boris Johnson was quoted as saying in effect I agree with the Prime Minister.

So my suggestion is this:  Keep the Article 50 notice demand before the MPs and new Prime Minister.  Go to meetings.  Ask the questions.  Consider a marathon sit-in with relays of people at Westminster until the notice is given.  Letters to the editor and to each MP.

It does not matter if they are Labour or even SNP.  Do it.  Keep the pressure on.  Insist on that Article 50 notice.  Nigel Farage ought to mention it every day.  Ditto MP Douglas Carswell.

Consider these talking points:  There is now a genuine legal question as to when EU laws and treaties go out of legal effect.  Could be as early as June 23, 2018.  Could be never.  When is it?  The people and the lawyers and the judges (and the MPs and Lords) need to know.  When Parliament is convened again, it must be done.  Right then.  Insist on it.  Invoke Article 50 immediately.  Don’t let the politicians weasel out of Brexit.

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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