Ifwecouldjust.......
Well-Known Member
The European Union (Withdrawal) (No. 2) Act 2019 imposes obligations on the UK PM. It has no impact on the EU.
Without a further extension, the EU Treaties cease to apply to the UK after 31 October (with or without an agreement under Article 50).
If Johnson breaks the UK law, and does not seek an extension, that has no impact on the Article 50 position. If he did refuse two things could happen (inter alia).
1. Johnson would face a court order to comply with the Act (and be in contempt if he didn't, then possibly imprisoned until he purged his contempt).
2. Parliament could pass an Act asking for an extension and the EU could decide that with the PM in prison they would take our sovereign Parliament as the appropriate constitutional authority to ask (even without royal assent).
There are other constitutional issues of course. One would be to test whether the monarch can appoint another PM in any circumstance without the existing PM resigning or dying (literally or figuratively in a ditch). Another would be to see if impeachment is really obsolete.
Or (3. Parliament votes to revoke Article 50 and the EU just says fine and by the time it gets to court we're de facto still a member state and the ultimate judicial decision would be in the ECJ!)
Good explanation here