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Old 03.09.2018, 11:35
bowlie bowlie is offline
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Re: The Brexit referendum thread: potential consequences for GB, EU and the Brits in

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And that is exactly the problem there is no provision in the treaty to allow for its withdrawal nor for the council of ministers to accept such a withdrawal. This will come down to a decision of the ECJ and I have yet to read a ruling from them that came down on the side of the absence of a provision being a provision. The EU is very much a rule base organization at the end of the day.
Well there is always a first time for the ECJ, if it actually gets to them. The ECJ cannot decide to rule on this question themselves. A national court would have to request that of them and that too is unlikely (IMHO).

A likely ruling from the ECJ could simply be an instruction to the Commission that as the treaty is unclear on this point, efforts should be made to make it clear. Probably would take 10 years or more for that to happen.

If I apply for Swiss Nationality and change my mind two years later, I don't have to get court, or Federal, or Cantonal, or Communal approval to do so. In theory everyone just files the papers in the bin, and then sends you a bill.
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