Donald Trump could possibly be onto one thing when he urged Theresa Might to attempt to sue the European Union to get a greater deal for Britain because it leaves the European Union.
Authorized consultants mentioned the President’s exhortation to Mrs Might throughout her go to to the White Home in January final yr to take Brussels to courtroom was primarily based on authorized basis.
A lot was made by the President about “the recommendation” he gave the Prime Minister once they met at Chequers on Friday. At their joint press convention, Mr Trump repeatedly referred to “brutal” solutions he gave Mrs Might.
On Sunday Mrs Might revealed that a few of his recommendation was in reality to “sue the EU”.
Martin Howe QC, a number one skilled on EU legislation, mentioned when Mr Trump gave the recommendation to Mrs Might final yr the UK may have taken motion over the “phasing” of the talks.
Britain then had simply agreed to the EU’s timetable of agreeing phrases on the invoice to be paid to depart, the Irish border and the phrases of the exit, earlier than shifting to future commerce talks.
Mr Howe mentioned: “Fairly critical authorized commentators have argued that the phasing of the negotiations was opposite to EU legislation as a result of Article 50 says the withdrawal settlement has to ‘take account of the framework for the future relationship’. How will you take account of that framework till you have got talked about it?”
However Mr Howe made clear that the one recourse for authorized motion would have been the European Court docket of Justice – making it in observe unlikely that this authorized argument would have succeeded.
Mr Howe mentioned: “The opposite side the place the EU could possibly be sued is that if they do issues after we depart which can be opposite to World Commerce Organisation legal guidelines. That’s one other space.”
On Friday, Steve Bannon, who in January final yr labored within the White Home because the President’s chief strategist, gave additional particulars of the recommendation Mr Trump gave to Mrs Might about how you can get the most effective deal to take the UK out of the EU when she visited the White Home in January final yr.
Referring to the president’s recommendation to Mrs Might to be “brutal” in Brexit negotiations, Mr Bannon instructed Chopper’s Brexit Podcast on the Telegraph‘s web site: “Trump gave her some pointers and pulled her off to the facet and mentioned, ‘Hey if I used to be doing this right here is how powerful you’ve got to be as a result of these guys will not be going to allow you to go’.
“He gave her the précis [of his book ‘The Art of the Deal’] which is ‘overshoot your goal, be powerful and get on with it – as a result of if this drags on it will be unhealthy’.”