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21st Century Socialist Man

21st Century Socialist Man

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Old Jun 24th 2017, 2:25 pm
  #91  
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Default Re: 21st Century Socialist Man

Originally Posted by BritInParis
I think you misunderstood what is being said. Any deal on residual rights of EU citizens rights in the UK will have to be put into UK law and thus subject to enforcement through UK courts. That doesn't need to be said. The EU would need to do the same for the EU27 for British citizens resident in the EU. The difference is, based on their position paper, the EU wants the ECJ's jurisdiction to continue to apply to the EU27 and the UK even after we have left the EU.
Read the EU position paper. It's clear the they see UK resident EU27 citizens as maintaining existing rights after Brexit. Rights granted by the EU constitution and subject to oversight by the ECJ.

You said earlier that the negotiations will be a marathon but I think it's more like a 3000m steeplechase with 35 barriers including 7 water jumps to surmount.

Davis, May and the rest of the Tory troglodytes are falling flat on their face at the first hurdle.

Water jumps remind me of cliffs.
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Old Jun 24th 2017, 2:37 pm
  #92  
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Default Re: 21st Century Socialist Man

Originally Posted by BritInParis
The difference is, based on their position paper, the EU wants the ECJ's jurisdiction to continue to apply to the EU27 and the UK even after we have left the EU.
No. Only to EU27 citizens resident in the UK on or before a cutoff date (to be determined). And to UK citizens resident in the EU27 on that date.

There isn't (yet) a position that the ECJ will be the arbiter in other matters, but just wait until they get around to trade (if they ever do).
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Old Jun 24th 2017, 2:41 pm
  #93  
 
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Default Re: 21st Century Socialist Man

Originally Posted by Novocastrian
Read the EU position paper. It's clear the they see UK resident EU27 citizens as maintaining existing rights after Brexit. Rights granted by the EU constitution and subject to oversight by the ECJ.
The EU doesn't have a constitution but on the broader point the EU doesn't seem to have grasped that it will no longer have any legal jurisdiction over the UK once we leave.

You said earlier that the negotiations will be a marathon but I think it's more like a 3000m steeplechase with 35 barriers including 7 water jumps to surmount.

Davis, May and the rest of the Tory troglodytes are falling flat on their face at the first hurdle.

Water jumps remind me of cliffs.
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Old Jun 24th 2017, 2:46 pm
  #94  
 
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Default Re: 21st Century Socialist Man

Originally Posted by Novocastrian
No. Only to EU27 citizens resident in the UK on or before a cutoff date (to be determined). And to UK citizens resident in the EU27 on that date.
Err, that's what I said. And no, the ECJ won't have a say once the UK leaves as it will no longer be under its jurisdiction.

There isn't (yet) a position that the ECJ will be the arbiter in other matters, but just wait until they get around to trade (if they ever do).
As I said, if they're considering that as a real option, which flies in the face of every international norm, then the UK can just walk away as it's obvious they don't actually want a deal.
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Old Jun 24th 2017, 2:47 pm
  #95  
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Default Re: 21st Century Socialist Man

Originally Posted by BritInParis
The EU doesn't have a constitution but on the broader point the EU doesn't seem to have grasped that it will no longer have any legal jurisdiction over the UK once we leave.
Says who?

Do you think we should just call off the negotiation? I prefer the obvious alternative which is to just call off Brexit.

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Old Jun 24th 2017, 2:59 pm
  #96  
 
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Default Re: 21st Century Socialist Man

Originally Posted by Novocastrian
So, you think we should just call off the negotiation? I prefer the obvious alternative which is to just call off Brexit.
That would the 'no deal is better than a bad deal' scenario. In reality the EU did try that as a sort of wrecking amendment then the individual member states, particularly Mrs Merkel in Germany, wouldn't let it stand. The UK may be struggling in comparison at the moment but as time goes on it will be more and more apparent that what is good for the EU as an institution doesn't necessarily tally with what is good for the EU as individual member states, hence all the talk about being so united, a 'price to be paid' for leaving and not having such a good deal on the outside as we did on the inside. The reality is that a CETA-type deal would be best for everyone but the EU itself.
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Old Jun 24th 2017, 3:03 pm
  #97  
 
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Default Re: 21st Century Socialist Man

Originally Posted by Novocastrian
Says who?
It's simply the legal consequence of leaving the EU. Its jurisdiction only extends to EU member states and the UK would no longer be an EU member state.
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Old Jun 24th 2017, 3:12 pm
  #98  
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Default Re: 21st Century Socialist Man

Originally Posted by BritInParis
It's simply the legal consequence of leaving the EU. Its jurisdiction only extends to EU member states and the UK would no longer be an EU member state.
EU laws and regulations also apply to third countries trading into the EU. And, they contend, to citizens of the EU who entered the UK (and vice versa) while the UK was a member (which it still is).
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Old Jun 24th 2017, 3:16 pm
  #99  
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Default Re: 21st Century Socialist Man

Originally Posted by BritInParis
That would the 'no deal is better than a bad deal' scenario. In reality the EU did try that as a sort of wrecking amendment then the individual member states, particularly Mrs Merkel in Germany, wouldn't let it stand. The UK may be struggling in comparison at the moment but as time goes on it will be more and more apparent that what is good for the EU as an institution doesn't necessarily tally with what is good for the EU as individual member states, hence all the talk about being so united, a 'price to be paid' for leaving and not having such a good deal on the outside as we did on the inside. The reality is that a CETA-type deal would be best for everyone but the EU itself.
My alternative is quite different. It's that the deal we had is better than any other we could possibly get now. Damage limitation should be the strategy but we can already kiss goodbye to the UK rebate.
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Old Jun 24th 2017, 3:25 pm
  #100  
 
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Default Re: 21st Century Socialist Man

Originally Posted by Novocastrian
EU laws and regulations also apply to third countries trading into the EU. And, they contend, to citizens of the EU who entered the UK (and vice versa) while the UK was a member (which it still is).
If you want to sell a product in the EU then it has to meet EU wide regulations for aspects such as safety, that's true, but that applies to the manufacturer or distributor, not the country of origin. Just because Apple manufactures iPhones in Taiwan and then sells them in the EU doesn't mean that the US or the Republic of China are subject to the ECJ. And EU laws and regulations only apply to the UK whilst we're a member of the EU. When the UK leaves, that ceases to be true, hence the negotiations on what comes next.

Originally Posted by Novocastrian
My alternative is quite different. It's that the deal we had is better than any other we could possibly get now. Damage limitation should be the strategy but we can already kiss goodbye to the UK rebate.
There won't be a rebate because there won't be any more budget contributions to have a rebate for.
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Old Jun 24th 2017, 4:13 pm
  #101  
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Default Re: 21st Century Socialist Man

Originally Posted by BritInParis

There won't be a rebate because there won't be any more budget contributions to have a rebate for.
Want to bet? But read the thread from the top before deciding how much.
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Old Jun 24th 2017, 4:29 pm
  #102  
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Default Re: 21st Century Socialist Man

Originally Posted by BritInParis
The EU doesn't have a constitution



Err.... Yes we do. We don't have a written codified constitution, but we do have a constitution; either that or the exam syllabus I studied for my constitutional law exam was a work of fiction.
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Old Jun 24th 2017, 4:44 pm
  #103  
 
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Default Re: 21st Century Socialist Man

Originally Posted by Novocastrian
Want to bet? But read the thread from the top before deciding how much.
No EU membership, no EU budget contributions, no rebate.

Originally Posted by Editha
Err.... Yes we do. We don't have a written codified constitution, but we do have a constitution; either that or the exam syllabus I studied for my constitutional law exam was a work of fiction.
Who is the 'we' you refer to?
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Old Jun 24th 2017, 4:50 pm
  #104  
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Default Re: 21st Century Socialist Man

Ah sorry, I thought you said British. But the EU similarly does not have a codified constitution, but does have a network of treaties, body of law etc. which together amount to a constitution.
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Old Jun 24th 2017, 4:53 pm
  #105  
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Default Re: 21st Century Socialist Man

Norway makes budget contributions. So does Switzerland.
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