EU Judges Could Throw Out Dave’s Deal, Say Independent Researchers

We reported before the ink was dry on the document that David Cameron’s EU deal, the imprived terms of membership the Prime Minister claimed to have negotiated with the EU ruling bureaucracy was, as we put it on one headline, “As worthless as Neville Chamberlain’s ‘Peace In Our Time’ treaty agreed with Hitler in 1939, shortly before the German leader invaded Poland, triggering the second world war.

Now we learn that not only does Cameron’s give us no new terms and conditions at all, only clever wordplay,  his agreement with the European Union (EU) could be thrown out by European judges, according to independent research by the House of Commons library.

The library, which provides research and advice to Members of Parliament (MPs) said the European Court of Justice “could not enforce” the deal if it clashed with EU treaties, and its shaky legal status means it “cannot guarantee all the outcomes envisaged”.

Uncertainly around the legality of the deal means parts of it could end up “effectively being reversed by the courts”. This is again something we predicted.

The Daily Mail reports that the that the European Parliament still has to agree key parts of the deal such as curbs on welfare payments to EU migrants. The parliament is “not directly bound by” the deal, meaning it could vote it down. While Cameron was still locked in negotiations with the EU Commission, Martin Schulz, President of the European Parliament promisedthe assembly would ‘veto and deal that benefitted Britain’.

The latest development comes as Cabinet minister Chris Grayling launched an attack on the deal. In a campaign speech, he supported the view that the European Court of Justice will still retain ultimate authority over the way European law affects Britain.

“If it decides that we have to accept a particular European rule, or that our rules are not allowed under European law, we have no choice but to accept its view,” he said. “Our parliament has no ability to disagree with the Court.”

Mr Grayling went as far as to say the deal could leave Britain “in a worse situation than we were before” because “we have agreed that Britain ‘shall not impede the implementation of legal acts directly linked to the functioning of the euro area’.”

“This is a significant — and underappreciated — loss of leverage,” he added. “We now lack a key tool in preventing further EU integration — which we might be dragged along into.”

Yesterday, a group of Conservative MPs wrote an open letter also pointing out that David Cameron’s deal had made Britain weaker.

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