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Brussels will have to end Britain's enlarged membership in the EU on July 1 if UK MEPs' elections have not taken place, reveals a leaked legal document.
After three months behind Brexit after 29 March, the conditions will not be met, but Britain must have taken part in the European legislative elections, announced the ambbadadors.
The document states that the law of the Union does not prevent to multiply the memberships in the United Kingdom, if requested. But if the elections had not taken place in May and that the United Kingdom was subsequently seeking to stay as a member state to avoid a Brexit without debate, for example, the EU would to reject an application, states the document consulted by the Guardian. .
"No extension should be granted beyond July 1, unless the elections to the European Parliament take place on schedule," said Friday the legal opinion shared by the ambbadadors.
The EU "would cease to be able to operate in a secure legal context" if the deadline was extended beyond 1 July and British MEPs had not been elected, he warns. .
"All acts of union that would be enacted with the participation of an irregularly constituted parliament would be subject to legal challenge on this ground, which would seriously jeopardize the security of legal relations within the country." # 39; union. "
The 27 heads of state and government are expected to discuss and decide on the request for a UK extension at an EU summit next Thursday.
The Commons voted in favor of extending the deadline until June 30, if Theresa May's agreement was pbaded the third time. The prime minister had informed MPs that a longer extension would be necessary if the agreement was rejected again because she was trying to convince the rebels of her party.
The leak of the document will probably help May in its attempt to play the threat that would weigh on the Brexit if the withdrawal contract was again rejected.
The President of the European Council, Donald Tusk, is lobbying the Member States to remain open for such a long delay, potentially allowing the UK government to rethink its strategy.
Some Brexiters have suggested that Britain could stay in the EU for 21 months to allow it to negotiate a full trade deal and avoid the problem of Irish support, which would force the UK into a customs union to avoid a hard border with Ireland.
But the document leaked to the Guardian suggests that the UK should hold elections for British MEPs before the first sitting of the European Parliament on July 2, despite contrary claims by some jurists.
It also states that the UK will not be able to negotiate future relations as a Member State. The EU's legal opinion is that only a treaty change could allow the UK to remain a Member State without holding an election.
"Past experience shows that ratification by all member states may take at least two years," the document says. "Therefore, this possibility is not feasible in practice."
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