The Treaty on the Functioning of the European Union provides a mechanism for the European Commission, Member States or the European Parliament to refer a draft agreement to the Court of Justice of the European Union for the Court's opinion as to its legality (or not).
In my view the draft UKExit Withdrawal Agreement of 19th March 2018 which was confirmed by the European Council on 23rd March 2018 is unlawful in several material respects.
Accordingly, I have written a letter to Michel Barnier asking that he refers the question of the legality of the draft Withdrawal Agreement to the Court of Justice of the European Union for its opinion.
The letter is long (11 pages) and attempts to summarise complex questions of European Union Law and World Trade Organisation Law which cause me to believe that the draft Withdrawal Agreement is fundamentally misconceived.
It is not a light read but I believe that the issues which I raise in the letter have the potential to demonstrate that Brexit is doomed.
The letter may be accessed here:
Letter of 30th March 2018 to Michel Barnier asking for urgent Article 218(11)TFEU referral to the CJEU
The letter may be freely distributed to others interested in the complexities of Brexit.
As indicated in the letter to Mr. Barnier, I anticipate writing to the Prime Minister on this matter and asking her to inform the EU27 that the UK no longer wishes to leave the European Union.
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