Thursday, 25 February 2016

Scare tactics begin


The prime minister’s EU renegotiation is not legally binding and could be overturned by the European Court of Justice, according to Michael Gove.  Really?  
Gove said: “The facts are that the European Court of Justice is not bound by this agreement until treaties are changed and we don’t know when that will be. I do think it’s important that people also realise that the European Court of Justice stands above every nation state, and ultimately it will decide on the basis of the treaties and this deal is not yet in the treaties.”
Do not panic, this is nonesense.  If like me you think Mr Cameron's renegotiation is an irrevelance, you won't be panicking anyway, but let's clarify none the less.  
Firstly, a No 10 spokesman said: “It is not true that this deal is not legally binding. Britain’s new settlement in the EU has legal force and is an irreversible international law decision that requires the European Court of Justice to take it into account.”
Well, you may think 'They would say that wouldn't they?'
What about this then?  The government’s most senior lawyer has slapped down Michael Gove’s claim that the UK’s new deal with the EU could be ignored by the European Court of Justice, saying there was a consensus of opinion that it was legally binding.
Jeremy Wright, the Attorney General, who sided with the government’s campaign to keep the UK in the EU, said this was not just his personal opinion but that of the government’s lawyers, the EU’s lawyers and a majority of lawyers in the country.
Mr Wright, said: “The suggestion that this agreement does not have legal effect until it is incorporated into EU treaties is not correct.  It has legal effect from the point the UK says it intends to remain in the EU, and the European Court must take it into account. The job of the European Court is to interpret the agreements between the 28 nation states of the EU. This is one of those agreements, with equivalent legal force to other agreements such as treaties.'
What's more, The EU Council president stated 'The package of reforms negotiated by David Cameron cannot be reversed by European judges. '
Donald Tusk told MEPs the deal was "legally binding and irreversible".  He added "But it will only enter into force if the British people vote to stay.   If they vote to leave, the settlement will cease to exist."
So Michael Gove is well and truly wrong.   Or as John Crace said 'more than just a little dim'. 

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