Introduction
The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might be sought:
- to implement the Withdrawal Agreement in law
- to manage the process of a no deal Brexit
- to hold a general election
- to hold a second referendum
This post seeks to explore some of the legal questions that arise if an extension were attempted. It should be noted that the effect of an extension would be to continue membership of the EU, for the time being. It will be assumed, solely for the purposes of this post, that political agreement of the EU is obtained to extend the Article 50 period as required as a matter of EU law.
In reality, such consent cannot be assumed, as Eleanor Sharpston has pointed out. She also suggests that it might…
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