Posted: Sep 27, 2019 10:34 am
by GrahamH
This is another take, but it doesn't seem right to me.
Article 50 is EU law, of course, but the law enabling the executive to take us out is UK law:
European Union (Withdrawal) Act 2018

In addition the Benn act gives instruction to the UK PM so how could it conflict with EU law?

Advocates of the act believe it has effectively bound Boris Johnson’s hands, resulting necessarily in delaying Brexit until 31 January and removing the possibility of a no deal departure. </p><p>However, a closely guarded plan known to a small handful of aides would see the government point to the fact that Article 50 rests under EU law, while the Benn Act is enshrined in British law.

“European law usurps British law,” a source told City AM. “That means the Article 50 deadline trumps the Benn Act.”

Number 10 has repeatedly said it will comply with the law, while simultaneously insisting the UK will leave the EU by Halloween. This plan could see both seemingly contradictory statements come to fruition. 

One high ranking Tory MP described the plan as legal, albeit a “wheeze.” ... spartanntp