The Last Ditch by Tom Paine

THE LAST DITCH

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European Union demands are more imaginative than legal

Published by Tom

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European Union demands indefinite right to remain for unborn children of EU nationals in UK.

Ignoring, for the time being, the demands on immigration, it seems that the EU has finally given some workings on their calculation of financial demands on "divorce" (as they emotively choose to characterise our leaving their political club).

“financial settlement should be based on the principle that the United Kingdom must honour its share of the financing of all the obligations undertaken while it was a member of the Union. The United Kingdom obligations should be fixed as a percentage of the EU obligations calculated at the date of withdrawal in accordance with a methodology to be agreed in the first phase of the negotiations”. 

Readers will be aware of my cynicism about the binding nature of International Law, but clearly Britain is going to comply with the governing treaties for diplomatic purposes so, ultimately, this is a legal negotiation, based upon their terms. I have only one question therefore. Where in the treaties governing the relationship of the member states of the EU is the above "principle" stated? Spoiler alert. It isn't.

 
I made my living as a negotiator. There's always a ritual dance. No-one opens with what they expect to get, but this is a joke that destroys the EU's credibility as a negotiating partner. It is a signal of bad faith and an insult to the British people.

6 responses to “European Union demands are more imaginative than legal”

  1. james higham Avatar
    james higham

    Telegraph:
    Officials believe that the UK is entitled of £9billion worth of funds currently held by the European Investment Bank.
    Separate analysis has suggested that the UK is entitled to a further £14billion worth of EU assets including property, cash and other investments.

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  2. Tom Avatar
    Tom

    Quite – just as reflected in the Counsel’s Opinion linked to in the sidebar. I would have total confidence in a positive financial outcome for the negotiation if it was being led by businessmen advised by City of London lawyers. Unfortunately, it’s being led by the kind of sociopath attracted to a parasitical life bossing people about from a position of arrogant ignorance and inexperience of productive life. AKA politicians. The current election is largely about choosing the least bonkers team of such sociopaths.

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  3. Antisthenes Avatar
    Antisthenes

    The EU is choosing to follow the path that UK remainiacs are using, project fear in place of rational argument as they do not have one. It has backfired on UK remainers and it appears to be doing the same to the EU. In fact it is doing the opposite that Brussels et al desire, it is converting remainers to leavers. The EU is allowing hubris, arrogance and a strong desire for revenge and to deter to affect their already meagre judgement. A recipe for the UK to actually achieve the Brexit deal it needs. Except of course T May has cocked up her general election campaign, not unexpectedly, and may very well be in weaker position post June 8th than she is now.

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  4. Tom Avatar
    Tom

    There has been a leak from the Commission’s legal team that this line is not coming from the Commission but member states panicking as to either (a) being asked to contribute more or (b) being asked to receive less. Britain’s net contribution is greater than that of all member states except Germany combined and is coincidentally almost exactly the cost of running the Commission. There will be a financial crisis in the rump EU unless they can persuade Britain to keep paying after we have left. That’s why Mrs May is right to say “No deal is better than a bad deal”. They never expected a member state democracy to function without the usual “correction” and are completely at sea. It would be funny if it wasn’t so sad. As to Mrs May cocking up her campaign, I think it’s panning out exactly as I predicted in my post when the election was announced. People were miffed at being put through an unnecessary election and rapidly tired of the talk of a landslide. She clearly placed Party interest above that of the country and that’s annoying even to people who would otherwise be inclined to vote for her. Expectations of the clown Corbyn were so low than any performance on his part short of drooling idiocy appears successful. And of course the perception that the Tories cannot lose gives a hostile broadcast media even greater scope than usual to savage them. 

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  5. Tcheuchter Avatar
    Tcheuchter

    `There will be a financial crisis in the rump EU unless they can persuade Britain to keep paying after we have left. That’s why Mrs May is right to say “No deal is better than a bad deal”. They never expected a member state democracy to function without the usual “correction” and are completely at sea.’
    Are the doomsayers at Eugrumyrendum aware of your balanced and professionally insightful opinions?
    Best wishes as ever.

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  6. Evelyn Wangari Avatar
    Evelyn Wangari

    Well said…

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Tom is a retired international lawyer. He was a partner in a City of London law firm and spent almost twenty years abroad serving clients from all over the world.

Returning to London on retirement in 2011, he was dismayed to discover how much liberty had been lost in the UK while he was away.

He’s a classical liberal (libertarian, if you must) who, like his illustrious namesake, considers that

“…government even in its best state is but a necessary evil; in its worst state an intolerable one.”

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