The referendum is non-binding.
The FT’s leader today expanded on this:
“A vote for Brexit will not be determinative of whether the UK will leave the EU. That potential outcome comes down to the political decisions which then follow before the Article 50 notification.
“The policy of the government (if not of all of its ministers) is to remain in the EU. The UK government may thereby seek to put off the Article 50 notification, regardless of political pressure and conventional wisdom.
What matters in law is when and whether the government invokes Article 50 of the Lisbon Treaty
“This is the significant “red button”. Once the Article 50 process is commenced then Brexit does become a matter of law, and quite an urgent one. It would appear this process is (and is intended to be) irreversible and irrevocable once it starts. But invoking Article 50 is a legally distinct step from the referendum result — it is not an obligation”.
The UK would have two years to negotiate a deal after triggering the exit clause of the EU treaties; extending talks beyond that would require unanimous agreement of the EU’s member states.
A Telegraph article adds that issues would include what financial regulations would still apply to the City of London, trade tariffs and movement rights of EU citizens and UK nationals. The agreement would have to be ratified both by the European council and the parliament in Strasbourg. During that time Britain would continue to abide by EU treaties and laws – however it would not take part in any decision making.
And could the United Kingdom legally disregard a vote for Brexit?
“What happens next in the event of a vote to leave is therefore a matter of politics not law. It will come down to what is politically expedient and practicable.
- The UK government could seek to ignore such a vote; to explain it away and characterise it in terms that it has no credibility or binding effect . . .
- Or they could say it is now a matter for parliament, and then endeavour to win the parliamentary vote.
- Or ministers could try to re-negotiate another deal and put that to another referendum.
He adds: “There is, after all, a tradition of EU member states repeating referendums on EU-related matters until voters eventually vote the “right” way”.
Green shows that there are ‘ways and means’ to avoid Brexit.