What do we do in the event of Brexit? There is a danger the rest of the EU will seek to exact revenge from Britain for sabotaging the project, cut off their nose to spite their face and try to offer a dreadful deal to the departing UK. How do we avoid this? I think there is a very clear solution. First of all, repeal the 1972 European Communities Act. This will abolish the jurisdiction of the European Court of Justice in the United Kingdom. The ECJ does not pay any attention to these sorts of things. It would continue to treat the UK as part of the EU until the procedures for leaving the EU contained in the Lisbon Treaty (notification of the European Council and then a secession agreement or the passage of two years) had been fulfilled. However, there is no necessity for the UK to initiate the procedures contained in Article 50 of the Treaty. The UK could simply expunge the EU from British law by repealing the 1972 Act so that UK courts cease to apply EU law in the UK but, in EU law, refuse even to begin the withdrawal procedures until a satisfactory arrangement was achieved. Effectively the UK would squat in the EU. We could therefore resume control of our borders, negotiate free trade agreements with other countries but continue to trade with the EU. If the ECJ tried to do anything about it the British Courts would refuse to recognise its actions or give any British citizen or resident recourse to it.
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