Why are the 2019 elections an objection to extending Article 50?











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Austrian foreign minister Karin Kneissl was interviewed in Newsnight recently. When asked whether she could support a hypothetical request from the UK to extend Article 50, she did not immediately say no, but pointed at the European Parliament election which are held in May 2019, and said that it could therefore be extended by at most a couple of months anyway. Why would the European Parliament election be an objection to extending Article 50 beyond this date? Could not the United Kingdom participate in the elections, and keep its seats until the date of the extended Article 50, if it is indeed extended?










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    Austrian foreign minister Karin Kneissl was interviewed in Newsnight recently. When asked whether she could support a hypothetical request from the UK to extend Article 50, she did not immediately say no, but pointed at the European Parliament election which are held in May 2019, and said that it could therefore be extended by at most a couple of months anyway. Why would the European Parliament election be an objection to extending Article 50 beyond this date? Could not the United Kingdom participate in the elections, and keep its seats until the date of the extended Article 50, if it is indeed extended?










    share|improve this question
























      up vote
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      Austrian foreign minister Karin Kneissl was interviewed in Newsnight recently. When asked whether she could support a hypothetical request from the UK to extend Article 50, she did not immediately say no, but pointed at the European Parliament election which are held in May 2019, and said that it could therefore be extended by at most a couple of months anyway. Why would the European Parliament election be an objection to extending Article 50 beyond this date? Could not the United Kingdom participate in the elections, and keep its seats until the date of the extended Article 50, if it is indeed extended?










      share|improve this question













      Austrian foreign minister Karin Kneissl was interviewed in Newsnight recently. When asked whether she could support a hypothetical request from the UK to extend Article 50, she did not immediately say no, but pointed at the European Parliament election which are held in May 2019, and said that it could therefore be extended by at most a couple of months anyway. Why would the European Parliament election be an objection to extending Article 50 beyond this date? Could not the United Kingdom participate in the elections, and keep its seats until the date of the extended Article 50, if it is indeed extended?







      election european-union brexit






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      asked Nov 16 at 10:43









      gerrit

      17.4k667160




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          2 Answers
          2






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          accepted










          It's not a problem of rejection by the EU parliament but of legality. If an extension were to occur the UK, as an EU member, would have to have seats in the EU parliament. But when the UK cabinet made clear this would not happen the European Council Decision (EU) 2018/937 on establishing the composition of the European Parliament was made leaving the UK out.





          You can find the table for 2019-2024 EU representatives in the EU parliament in Article 3:




          Article 3





          1. The number of representatives in the European Parliament elected in each Member State is hereby set as follows for the 2019-2024
            parliamentary term:



            (...)






          Yet a point to the same article was added in case the UK still remained a member by this point:





          1. However, in the event that the United Kingdom is still a Member State of the Union at the beginning of the 2019-2024 parliamentary
            term, the number of representatives in the European Parliament per
            Member State taking up office shall be the one provided for in Article
            3 of the European Council Decision 2013/312/EU (4) until the
            withdrawal of the United Kingdom from the Union becomes legally
            effective.




          But obviously we are getting closer to the EU elections so many parties in most members have already started preparing their campaigns counting on the new table. As so in case the UK still remains a member of the EU by 2019 the following applies (still Article 3):




          All representatives in the European Parliament who fill the additional
          seats resulting from the difference between the number of seats
          allocated in the first and second subparagraphs shall take up their
          seats in the European Parliament at the same time.




          Which seems like a solution, even is somewhat bizarre, to the problem. The sticking point however is schedule. You see, in Article 4, it is stated that any modification must be submitted sufficiently far in advance prior to the election.




          Article 4



          Sufficiently far in advance of the beginning of the 2024-2029
          parliamentary term, the European Parliament shall submit to the
          European Council, in accordance with Article 14(2) TEU, a proposal for
          an updated allocation of seats in the European Parliament.




          Unfortunately no definition exists for what constitutes as sufficiently far in advance submission. As so the EU parliament and European Council would need to consider it. Strictly speaking there's no way for the Austrian Foreign Minister to know if this feasible or not by EU law alone.





          The following article was quite useful in the writing of this answer:



          Could Article 50 be extended to allow for a second Brexit referendum?




          (...)



          According to the EU’s arrangements, the reallocation of seats will not
          take place if the UK remains a member. This would cause inconvenience
          for those member states due to receive additional seats, which might
          require arrangements to be put in place to fill them should Brexit
          occur later. The sudden loss of 46 seats and reallocation of 27 others
          sometime after the elections, almost certainly resulting in a degree
          of political rebalancing, could potentially have some destabilising
          effects in the European Parliament. A second worry on the EU side is
          that UK participation in the MEP elections in controversial
          circumstances could result in election of a large number of
          Eurosceptic members, again with potentially destabilising effects,
          even if their presence is only temporary.



          (...)







          share|improve this answer




























            up vote
            2
            down vote













            The European Parliament is made up of elected representatives from member states. If the UK was still in the EU at that time, it would have to run the election and send the winners to the EU Parliament. They would get a salary and pension rights, staff and more.



            This burden on both the UK and EU would waste a lot of money and require things like the so-called divorce bill to be recalculated.






            share|improve this answer





















              Your Answer








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              2 Answers
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              2 Answers
              2






              active

              oldest

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              active

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              up vote
              4
              down vote



              accepted










              It's not a problem of rejection by the EU parliament but of legality. If an extension were to occur the UK, as an EU member, would have to have seats in the EU parliament. But when the UK cabinet made clear this would not happen the European Council Decision (EU) 2018/937 on establishing the composition of the European Parliament was made leaving the UK out.





              You can find the table for 2019-2024 EU representatives in the EU parliament in Article 3:




              Article 3





              1. The number of representatives in the European Parliament elected in each Member State is hereby set as follows for the 2019-2024
                parliamentary term:



                (...)






              Yet a point to the same article was added in case the UK still remained a member by this point:





              1. However, in the event that the United Kingdom is still a Member State of the Union at the beginning of the 2019-2024 parliamentary
                term, the number of representatives in the European Parliament per
                Member State taking up office shall be the one provided for in Article
                3 of the European Council Decision 2013/312/EU (4) until the
                withdrawal of the United Kingdom from the Union becomes legally
                effective.




              But obviously we are getting closer to the EU elections so many parties in most members have already started preparing their campaigns counting on the new table. As so in case the UK still remains a member of the EU by 2019 the following applies (still Article 3):




              All representatives in the European Parliament who fill the additional
              seats resulting from the difference between the number of seats
              allocated in the first and second subparagraphs shall take up their
              seats in the European Parliament at the same time.




              Which seems like a solution, even is somewhat bizarre, to the problem. The sticking point however is schedule. You see, in Article 4, it is stated that any modification must be submitted sufficiently far in advance prior to the election.




              Article 4



              Sufficiently far in advance of the beginning of the 2024-2029
              parliamentary term, the European Parliament shall submit to the
              European Council, in accordance with Article 14(2) TEU, a proposal for
              an updated allocation of seats in the European Parliament.




              Unfortunately no definition exists for what constitutes as sufficiently far in advance submission. As so the EU parliament and European Council would need to consider it. Strictly speaking there's no way for the Austrian Foreign Minister to know if this feasible or not by EU law alone.





              The following article was quite useful in the writing of this answer:



              Could Article 50 be extended to allow for a second Brexit referendum?




              (...)



              According to the EU’s arrangements, the reallocation of seats will not
              take place if the UK remains a member. This would cause inconvenience
              for those member states due to receive additional seats, which might
              require arrangements to be put in place to fill them should Brexit
              occur later. The sudden loss of 46 seats and reallocation of 27 others
              sometime after the elections, almost certainly resulting in a degree
              of political rebalancing, could potentially have some destabilising
              effects in the European Parliament. A second worry on the EU side is
              that UK participation in the MEP elections in controversial
              circumstances could result in election of a large number of
              Eurosceptic members, again with potentially destabilising effects,
              even if their presence is only temporary.



              (...)







              share|improve this answer

























                up vote
                4
                down vote



                accepted










                It's not a problem of rejection by the EU parliament but of legality. If an extension were to occur the UK, as an EU member, would have to have seats in the EU parliament. But when the UK cabinet made clear this would not happen the European Council Decision (EU) 2018/937 on establishing the composition of the European Parliament was made leaving the UK out.





                You can find the table for 2019-2024 EU representatives in the EU parliament in Article 3:




                Article 3





                1. The number of representatives in the European Parliament elected in each Member State is hereby set as follows for the 2019-2024
                  parliamentary term:



                  (...)






                Yet a point to the same article was added in case the UK still remained a member by this point:





                1. However, in the event that the United Kingdom is still a Member State of the Union at the beginning of the 2019-2024 parliamentary
                  term, the number of representatives in the European Parliament per
                  Member State taking up office shall be the one provided for in Article
                  3 of the European Council Decision 2013/312/EU (4) until the
                  withdrawal of the United Kingdom from the Union becomes legally
                  effective.




                But obviously we are getting closer to the EU elections so many parties in most members have already started preparing their campaigns counting on the new table. As so in case the UK still remains a member of the EU by 2019 the following applies (still Article 3):




                All representatives in the European Parliament who fill the additional
                seats resulting from the difference between the number of seats
                allocated in the first and second subparagraphs shall take up their
                seats in the European Parliament at the same time.




                Which seems like a solution, even is somewhat bizarre, to the problem. The sticking point however is schedule. You see, in Article 4, it is stated that any modification must be submitted sufficiently far in advance prior to the election.




                Article 4



                Sufficiently far in advance of the beginning of the 2024-2029
                parliamentary term, the European Parliament shall submit to the
                European Council, in accordance with Article 14(2) TEU, a proposal for
                an updated allocation of seats in the European Parliament.




                Unfortunately no definition exists for what constitutes as sufficiently far in advance submission. As so the EU parliament and European Council would need to consider it. Strictly speaking there's no way for the Austrian Foreign Minister to know if this feasible or not by EU law alone.





                The following article was quite useful in the writing of this answer:



                Could Article 50 be extended to allow for a second Brexit referendum?




                (...)



                According to the EU’s arrangements, the reallocation of seats will not
                take place if the UK remains a member. This would cause inconvenience
                for those member states due to receive additional seats, which might
                require arrangements to be put in place to fill them should Brexit
                occur later. The sudden loss of 46 seats and reallocation of 27 others
                sometime after the elections, almost certainly resulting in a degree
                of political rebalancing, could potentially have some destabilising
                effects in the European Parliament. A second worry on the EU side is
                that UK participation in the MEP elections in controversial
                circumstances could result in election of a large number of
                Eurosceptic members, again with potentially destabilising effects,
                even if their presence is only temporary.



                (...)







                share|improve this answer























                  up vote
                  4
                  down vote



                  accepted







                  up vote
                  4
                  down vote



                  accepted






                  It's not a problem of rejection by the EU parliament but of legality. If an extension were to occur the UK, as an EU member, would have to have seats in the EU parliament. But when the UK cabinet made clear this would not happen the European Council Decision (EU) 2018/937 on establishing the composition of the European Parliament was made leaving the UK out.





                  You can find the table for 2019-2024 EU representatives in the EU parliament in Article 3:




                  Article 3





                  1. The number of representatives in the European Parliament elected in each Member State is hereby set as follows for the 2019-2024
                    parliamentary term:



                    (...)






                  Yet a point to the same article was added in case the UK still remained a member by this point:





                  1. However, in the event that the United Kingdom is still a Member State of the Union at the beginning of the 2019-2024 parliamentary
                    term, the number of representatives in the European Parliament per
                    Member State taking up office shall be the one provided for in Article
                    3 of the European Council Decision 2013/312/EU (4) until the
                    withdrawal of the United Kingdom from the Union becomes legally
                    effective.




                  But obviously we are getting closer to the EU elections so many parties in most members have already started preparing their campaigns counting on the new table. As so in case the UK still remains a member of the EU by 2019 the following applies (still Article 3):




                  All representatives in the European Parliament who fill the additional
                  seats resulting from the difference between the number of seats
                  allocated in the first and second subparagraphs shall take up their
                  seats in the European Parliament at the same time.




                  Which seems like a solution, even is somewhat bizarre, to the problem. The sticking point however is schedule. You see, in Article 4, it is stated that any modification must be submitted sufficiently far in advance prior to the election.




                  Article 4



                  Sufficiently far in advance of the beginning of the 2024-2029
                  parliamentary term, the European Parliament shall submit to the
                  European Council, in accordance with Article 14(2) TEU, a proposal for
                  an updated allocation of seats in the European Parliament.




                  Unfortunately no definition exists for what constitutes as sufficiently far in advance submission. As so the EU parliament and European Council would need to consider it. Strictly speaking there's no way for the Austrian Foreign Minister to know if this feasible or not by EU law alone.





                  The following article was quite useful in the writing of this answer:



                  Could Article 50 be extended to allow for a second Brexit referendum?




                  (...)



                  According to the EU’s arrangements, the reallocation of seats will not
                  take place if the UK remains a member. This would cause inconvenience
                  for those member states due to receive additional seats, which might
                  require arrangements to be put in place to fill them should Brexit
                  occur later. The sudden loss of 46 seats and reallocation of 27 others
                  sometime after the elections, almost certainly resulting in a degree
                  of political rebalancing, could potentially have some destabilising
                  effects in the European Parliament. A second worry on the EU side is
                  that UK participation in the MEP elections in controversial
                  circumstances could result in election of a large number of
                  Eurosceptic members, again with potentially destabilising effects,
                  even if their presence is only temporary.



                  (...)







                  share|improve this answer












                  It's not a problem of rejection by the EU parliament but of legality. If an extension were to occur the UK, as an EU member, would have to have seats in the EU parliament. But when the UK cabinet made clear this would not happen the European Council Decision (EU) 2018/937 on establishing the composition of the European Parliament was made leaving the UK out.





                  You can find the table for 2019-2024 EU representatives in the EU parliament in Article 3:




                  Article 3





                  1. The number of representatives in the European Parliament elected in each Member State is hereby set as follows for the 2019-2024
                    parliamentary term:



                    (...)






                  Yet a point to the same article was added in case the UK still remained a member by this point:





                  1. However, in the event that the United Kingdom is still a Member State of the Union at the beginning of the 2019-2024 parliamentary
                    term, the number of representatives in the European Parliament per
                    Member State taking up office shall be the one provided for in Article
                    3 of the European Council Decision 2013/312/EU (4) until the
                    withdrawal of the United Kingdom from the Union becomes legally
                    effective.




                  But obviously we are getting closer to the EU elections so many parties in most members have already started preparing their campaigns counting on the new table. As so in case the UK still remains a member of the EU by 2019 the following applies (still Article 3):




                  All representatives in the European Parliament who fill the additional
                  seats resulting from the difference between the number of seats
                  allocated in the first and second subparagraphs shall take up their
                  seats in the European Parliament at the same time.




                  Which seems like a solution, even is somewhat bizarre, to the problem. The sticking point however is schedule. You see, in Article 4, it is stated that any modification must be submitted sufficiently far in advance prior to the election.




                  Article 4



                  Sufficiently far in advance of the beginning of the 2024-2029
                  parliamentary term, the European Parliament shall submit to the
                  European Council, in accordance with Article 14(2) TEU, a proposal for
                  an updated allocation of seats in the European Parliament.




                  Unfortunately no definition exists for what constitutes as sufficiently far in advance submission. As so the EU parliament and European Council would need to consider it. Strictly speaking there's no way for the Austrian Foreign Minister to know if this feasible or not by EU law alone.





                  The following article was quite useful in the writing of this answer:



                  Could Article 50 be extended to allow for a second Brexit referendum?




                  (...)



                  According to the EU’s arrangements, the reallocation of seats will not
                  take place if the UK remains a member. This would cause inconvenience
                  for those member states due to receive additional seats, which might
                  require arrangements to be put in place to fill them should Brexit
                  occur later. The sudden loss of 46 seats and reallocation of 27 others
                  sometime after the elections, almost certainly resulting in a degree
                  of political rebalancing, could potentially have some destabilising
                  effects in the European Parliament. A second worry on the EU side is
                  that UK participation in the MEP elections in controversial
                  circumstances could result in election of a large number of
                  Eurosceptic members, again with potentially destabilising effects,
                  even if their presence is only temporary.



                  (...)








                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered Nov 16 at 15:00









                  armatita

                  3,361622




                  3,361622






















                      up vote
                      2
                      down vote













                      The European Parliament is made up of elected representatives from member states. If the UK was still in the EU at that time, it would have to run the election and send the winners to the EU Parliament. They would get a salary and pension rights, staff and more.



                      This burden on both the UK and EU would waste a lot of money and require things like the so-called divorce bill to be recalculated.






                      share|improve this answer

























                        up vote
                        2
                        down vote













                        The European Parliament is made up of elected representatives from member states. If the UK was still in the EU at that time, it would have to run the election and send the winners to the EU Parliament. They would get a salary and pension rights, staff and more.



                        This burden on both the UK and EU would waste a lot of money and require things like the so-called divorce bill to be recalculated.






                        share|improve this answer























                          up vote
                          2
                          down vote










                          up vote
                          2
                          down vote









                          The European Parliament is made up of elected representatives from member states. If the UK was still in the EU at that time, it would have to run the election and send the winners to the EU Parliament. They would get a salary and pension rights, staff and more.



                          This burden on both the UK and EU would waste a lot of money and require things like the so-called divorce bill to be recalculated.






                          share|improve this answer












                          The European Parliament is made up of elected representatives from member states. If the UK was still in the EU at that time, it would have to run the election and send the winners to the EU Parliament. They would get a salary and pension rights, staff and more.



                          This burden on both the UK and EU would waste a lot of money and require things like the so-called divorce bill to be recalculated.







                          share|improve this answer












                          share|improve this answer



                          share|improve this answer










                          answered Nov 16 at 14:09









                          user

                          5,57121126




                          5,57121126






























                               

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