Editorial of March 2019

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 by Allan F. Tatham, Professor at the Faculty of Law of University CEU San Pablo


Shindler’s Wish” Fulfilled and More? The Possibilities for Re-enfranchisement of UK nationals and EU citizens in a future People’s Vote on Brexit

Introduction

In the afternoon of 25 February 2019, with just over four weeks to go before the country’s expected withdrawal from the European Union, the UK Labour Party leader, Jeremy Corbyn, finally announced his party’s support for a second referendum on the issue.[1] Having already been passed as a resolution by the Labour Party conference in autumn 2018[2] and supported by the majority of party members,[3] it no doubt took the recent resignations of MPs from the party[4] finally to persuade the widely-regarded Eurosceptic Corbyn to swallow the bitter pill for a People’s Vote (PV) on the Brexit deal, “secured” by the cabinet of Prime Minister Theresa May.[5]

However, within the furore caused by his change of heart still hanging in the air, even if (and, at this stage, it is still a very big “if”) the UK Parliament were to vote in favour of a second popular vote, several points will need to be addressed anew.
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MAY be… MAY be not!

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by Pedro Madeira Froufe, Editor

We are a short time away from the European Parliament Election. We are also just over two months until the date of the formal implementation of Brexit. If all were going as desirable and planned, the United Kingdom would cease to be a member of the European Union at eleven o’clock of 29th March – if all were going as intended, as it was thought, after the no vote (to stay in the EU) in the referendum. But it is not! In fact, we don’t even know how the European elections will be disputed: with or without British candidates; how many MEPs to elect.

The political standoff in which the UK and the EU are immersed is the result of a classical democratic practise in its original context and dynamics. A national border-limited state, closed in itself and its people (its nationals), follows the idea that it holds a non-influenced sovereignty. Such un-limitedness would mean that nothing beyond its borders matter. Absolutely nothing could interfere with its presence as under this traditional and sovereign-ist political cosmovision nothing exists unless it is subject to the autonomous exercise of such sovereignty. However, the autonomous political decision of ‘disintegrating’ is, as many others, no longer a strictly encircled affair to be kept inside a territorial frame of political national frontiers. Today world’s dynamics is not national nor even inter-national. It is transnational, if not a-national. And rigorously speaking a decision made in an internal referendum never produces effects confined in such frontiers. The political decision made after the referendum is not a British decision and regards only British citizens – it is now clear in practical terms given the standoff we are all immersed in.
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