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British expats challenge EU head over claim he banned negotiations with UK over Brexit British expats challenge EU head over ban on negotiations with UK over Brexit
(35 minutes later)
The European commission president, Jean-Claude Juncker, is facing a legal challenge from British expatriates who claim his ban on EU officials negotiating with the UK over Brexit is illegal. The European commission president, Jean-Claude Juncker, is facing a legal challenge from British expatriates who claim that his ban on EU officials negotiating with the UK over Brexit is illegal. The organisation Fair Deal for Expats is planning to launch its action at the EU’s general court in Luxembourg in an attempt to bolster Britain’s bargaining position in preliminary political discussions over withdrawal.
The organisation Fair Deal for Expats is planning to launch its action at the EU’s General Court in Luxembourg in an attempt to bolster Britain’s bargaining position in preliminary political discussions over withdrawal. Several days after the 23 June referendum result, Juncker announced that he was making a “presidential order” that there should be no negotiations with the UK until Article 50 – formally signalling Britain’s intention to withdraw – has been triggered. By forcing the UK to wait until it has pressed the button on Article 50, many believe Juncker has restricted its room for diplomatic manoeuvre.
Several days after the 23 June referendum result, Juncker announced that he was making a “presidential order” that there should be no negotiations with the UK until Article 50 – formally signalling Britain’s intention to withdraw – has been triggered. The legal action is supported by some of the 1.2 million Britons who live abroad in other EU countries. Many expatriates fear that they will lose economic and welfare rights under Brexit. Their claim is being financed through a crowdfunding website.
By forcing the UK to wait until it has pressed the button on Article 50, many believe Juncker has restricted its room for diplomatic manoeuvre. In his speech on 28 June, Juncker said: “I have forbidden Commissioners from holding discussions with representatives from the British government – by presidential order, which is not my style. I have told all the directors-general that there cannot be any prior discussions with British representatives. No notification, no negotiation.” The European Union has dismissed the challenge, saying that the decision not to negotiate until Article 50 has been triggered is an agreement between the other 27 remaining EU states.
The legal action is supported by some of the 1.2 million Britons who live abroad in other EU countries. Many expatriates fear that they will lose economic and welfare rights under Brexit. Their claim is being financed through a crowd-funding website.
In his speech on 28 June, Juncker said: “I have forbidden Commissioners from holding discussions with representatives from the British government – by presidential order, which is not my style. I have told all the directors-general that there cannot be any prior discussions with British representatives. No notification, no negotiation.”
The European Union has dismissed the challenge, saying that the decision not to negotiate until Article 50 has been triggered is an agreement between the other 27 remaining EU states.
Fair Deal for Expats is also intervening in the forthcoming judicial review in London, due to take place in October, which is seeking to give parliament – as opposed to the prime minister – sole authority to trigger Article 50.Fair Deal for Expats is also intervening in the forthcoming judicial review in London, due to take place in October, which is seeking to give parliament – as opposed to the prime minister – sole authority to trigger Article 50.
John Shaw, a spokesman for Fair Deal for Expats, which is represented by the Cheltenham law firm Croft Solicitors, said: “People in Britain and across Europe have become accustomed to Mr Juncker’s antagonistic style and bombastic rhetoric. But his dictatorial-style bullying tactics will not be tolerated. Enough is enough.John Shaw, a spokesman for Fair Deal for Expats, which is represented by the Cheltenham law firm Croft Solicitors, said: “People in Britain and across Europe have become accustomed to Mr Juncker’s antagonistic style and bombastic rhetoric. But his dictatorial-style bullying tactics will not be tolerated. Enough is enough.
“Mr Juncker is urging Britain to trigger Article 50 sooner rather than later, but he’s not entitled to issue edicts preventing the UK from having discussions with the commission. He’s forgetting that the UK is still a member state.”“Mr Juncker is urging Britain to trigger Article 50 sooner rather than later, but he’s not entitled to issue edicts preventing the UK from having discussions with the commission. He’s forgetting that the UK is still a member state.”
Patrick Green QC and Henry Warwick, barristers working on the claim, will argue that there is no such thing as a “presidential order” and that either it has no legal force to stop commission staff entering into talks or else it is an abuse of Juncker’s powers. Patrick Green QC and Henry Warwick, barristers working on the claim, will argue that there is no such thing as a “presidential order” and that either it has no legal force to stop commission staff entering into talks or else it is an abuse of Juncker’s powers. Juncker, it is alleged, is preventing the UK from exercising its rights to begin discussions until British diplomats are at a diplomatic disadvantage.
Juncker, it is alleged, is preventing the UK from exercising its rights to begin discussions until British diplomats are at a diplomatic disadvantage. Fair Deal for Expats said: “The purpose of the challenge is to allow the UK to negotiate freely with the European commission before Article 50 is triggered, so that the outline terms of the UK’s withdrawal from the EU can be agreed in everyone’s interests and as soon as possible.”
Fair Deal for Exparts said: “The purpose of the challenge is to allow the UK to negotiate freely with the European commission before Article 50 is triggered, so that the outline terms of the UK’s withdrawal from the EU can be agreed in everyone’s interests and as soon as possible.” The organisation argues that Juncker is in contravention of the “principle of sincere cooperation that the commission is required to abide by”, that his order has no proper basis in law, and that it discriminates against the UK and its people, who remain EU citizens.
The organisation argues that Juncker is in contravention of the “principle of sincere cooperation that the commission is required to abide by”, that his order has no proper basis in law and that it discriminates against the UK and its citizens, who remain EU citizens.
The EU commission has claimed, according to Fair Deal for Expats, that the Juncker statement has been mistranslated. Juncker’s use of the phrase “presidential order” has also been described as a loose figure of speech.The EU commission has claimed, according to Fair Deal for Expats, that the Juncker statement has been mistranslated. Juncker’s use of the phrase “presidential order” has also been described as a loose figure of speech.
A statement issued by the European commission said: “President Juncker, the rresident of the European council Donald Tusk, the European parliament president Martin Schulz, and a series of national leaders have all made clear that the legal ground for exiting the EU is Article 50 of the Treaty and that negotiations begin after that is triggered. President Juncker has instructed commissioners and EC officials also to follow that principle.” Juncker’s comments were only intended to bind commission officials not other EU member states. A statement issued by the European commission said: “President Juncker, the rresident of the European council, Donald Tusk, the European parliament president, Martin Schulz, and a series of national leaders have all made clear that the legal ground for exiting the EU is Article 50 of the treaty and that negotiations begin after that is triggered. President Juncker has instructed commissioners and EC officials also to follow that principle.” Juncker’s comments were only intended to bind commission officials not other EU member states.