European Court still if "out" vote. (1 Viewer)

Voice_of_Reason · May 20, 2016

If the vote on June 23Rd is out, can SISU still appeal to the European Court?

ccfcway · May 20, 2016

this may belong in the new forum

letsallsingtogether · May 20, 2016

Voice_of_Reason said:
If the vote on June 23Rd is out, can SISU still appeal to the European Court?

Yes as they have already appealed it today. I believe it will still be heard.

Nick · May 20, 2016

Yes they can!

stupot07 · May 20, 2016

Yes, because the law was in place at the time of the transaction.

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asiaskyblues · May 20, 2016

It depends on the outcome. If the European courts found in favour of SISU, and the vote in June was an 'out' vote then the British Supreme Court could over-rule it.

chiefdave · May 20, 2016

stupot07 said:
Yes, because the law was in place at the time of the transaction.

That's the key, the law is applied as it was at the time of the 'offence' not as it is now. Of course if we had a spectacular fall out with Europe off the back of a no vote I suppose we could fail to recognise the European Court anymore but there is zero chance of that happening.

asiaskyblues · May 20, 2016

Sorry, I over jumped the question. Could SISU go to the European Court if they failed with the Supreme Court. No they couldn't. If they appeal now to the Supreme Court there will not be enough time to appea; to the European Court before June.

asiaskyblues · May 20, 2016

chiefdave said:
That's the key, the law is applied as it was at the time of the 'offence' not as it is now. Of course if we had a spectacular fall out with Europe off the back of a no vote I suppose we could fail to recognise the European Court anymore but there is zero chance of that happening.

Sorry, Dave but it is not when the 'offence, traansaction or whatever we call it took place', It's when the appeal is put forward, which in this case wouldn't be until the Supreme Court rejected SISU's claim, which won't be until post-June.

chiefdave · May 20, 2016

asiaskyblues said:
Sorry, Dave but it is not when the 'offence, traansaction or whatever we call it took place', It's when the appeal is put forward, which in this case wouldn't be until the Supreme Court rejected SISU's claim, which won't be until post-June.

I'm pretty sure thats not right otherwise there would be absolute chaos as you'd have to undo every case involving a UK citizen or organisation that had been decided in the European Court.

Also worth noting that a no vote doesn't mean we are out the next day! We will remain in the EU for an absolute minimum of 2 years, although most people suspect a lot longer, potentially up to 10 years, while all the necessary agreements and legals are negotiated.

chiefdave · May 20, 2016

Also worth noting that in cases involving UK public bodies that reach the EU 80% of rulings go against the public bodies.

tisza · May 20, 2016

chiefdave said:
Also worth noting that in cases involving UK public bodies that reach the EU 80% of rulings go against the public bodies.

that seems a very unhealthy %. maybe says more about the court than the cases.

Mr T - Sukka! · Jun 24, 2016

Intresting times ahead on this from this mornings news.

European Court still if "out" vote. (1 Viewer)

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