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M O R G A N A To: House of Commons
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I T ´ S A B O U T B A L A N C E London
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A To: Jacob Rees-Mogg MP.
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Regarding: Brexit Trade Deal is Illegal - Failure in Stewardship.
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Thursday, 3rd January 2019

The currently proposed Brexit agreement may be outside of the expected stewardship
requirements of the governing bodies of the EU. There are legally binding economic targets
which are supposed to be achieved in regards to economic growth, unemployment and
governmental debt. The trade deal negotiated will likely prevent the EU from attaining these
targets, which would conflict with the rights of the populations of both the UK and EU.

For the best chance of reaching the legally required targets of economic prosperity the EC
would have to accept the best, most open, trade deal they can with the UK or it would conflict
with the expectations of effective stewardship set in its own legal framework. The EC, ECB
and Eurostat have to comply to economic governance targets set in the European Treaties,
which necessitate a certain level of competence in governance and economic achievement.

By not offering to accept, or even prohibiting, a stronger more open trade deal with the UK
the EC is obstructing the correct legal protections of effective economic governance of the
EU and in turn impacting the best interests of the remaining EU citizens. There is a clear
failure in stewardship on the part of the European Council, to meet its own agenda, in the
Brexit negotiations, which infringe upon the rights of the remaining population of the EU.

Kind Regards.

Peter James Rhys Morgan.

PJR Morgan: Website: morganisteconomics.blogspot.com

Copyright © 2018 Peter James Rhys Morgan.
P J R M I
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M O R G A N A To: House of Commons
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I T ´ S A B O U T B A L A N C E London
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A To: Jacob Rees-Mogg MP.
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Regarding: A way to follow legal process for Brexit.
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Sunday, 16th December 2018.

I think I may have found a way around the debate aspect of the negotiations for Brexit. It
should not be an argued process, it should follow a legal precedence which I believe this
letter will enable you to pursue. The issue is more one of who the negotiator is and how they
can negotiate, there is no reason why it can't be a legal representative instead of a bureaucrat.

Article 50 states negotiation is required, however it does not stipulate who the negotiator
should be or how to negotiate. I would recommend requesting the appointment of a senior
Judge of the European Court of Justice, the highest court in the EU, to 'negotiate' the
withdrawal agreements strictly following the legal framework of the European Union.

Legal discourse will reduce the risk of clashing with existing statutory provisions within the
EC's own legal framework, the senior court ruling can prevent contention. The 'Appointed'
ECJ Judge must follow the EC's legal framework not just the framework of Article 50 of the
Lisbon Treaty and Article 218 (3) of the Treaty of the functioning of the European Union.

By following this legal methodology the EC and UK protect against encroaching on existing
legislation protecting both parties citizens and avoiding compensation cases. The new
appointment of a legal authority turns the process of the UK withdrawing from the European
Union into a Court evaluated and determined endeavour, rather than a debated negotiation.

Precedence is set through existing legislation and legally binding regulations, following the
legal guidelines of the European Court system. The 'Appointed' Judge must make rulings
following these guidelines strictly to not show bias on either side of the legal action. Both
parties may approach the Judge through written communication putting forward their case.

Article 50 states Article 218 (3) must be followed (cited in below pages), it states nominating
a Union negotiator or the head of the Union's negotiating team. There is no statement of who
the negotiator should be or how to negotiate. I request a new nomination of a senior ECJ
Judge and to follow legal process to protect the interests of both parties and their citizens.

Kind Regards.

Peter James Rhys Morgan.

PJR Morgan: Website: morganisteconomics.blogspot.com

Copyright © 2018 Peter James Rhys Morgan.
The highlighted does not state who the negotiator is or how to negotiate.

Article 50 of the Lisbon Treaty.

1. Any Member State may decide to withdraw from the Union in accordance with its own
constitutional requirements.

2. A Member State which decides to withdraw shall notify the European Council of its
intention. In the light of the guidelines provided by the European Council, the Union shall
negotiate and conclude an agreement with that State, setting out the arrangements for its
withdrawal, taking account of the framework for its future relationship with the Union. That
agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the
Functioning of the European Union. It shall be concluded on behalf of the Union by the
Council, acting by a qualified majority, after obtaining the consent of the European
Parliament.

3. The Treaties shall cease to apply to the State in question from the date of entry into force
of the withdrawal agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the European Council, in agreement with the Member State concerned,
unanimously decides to extend this period.

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the
Council representing the withdrawing Member State shall not participate in the discussions of
the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on
the Functioning of the European Union.

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to
the procedure referred to in Article 49.

PJR Morgan: Website: morganisteconomics.blogspot.com

Copyright © 2018 Peter James Rhys Morgan.
Article 50 states to follow Article 218 (3), which states nominating a Union negotiator or
the head of the Union's negotiating team. There is no statement of who the negotiator
should be or how to negotiate. I request the nomination of a senior ECJ Judge and to
follow legal process to protect the interests of both parties and their citizens.

Article 218 of the Treaty of the functioning of the European Union.

1. Without prejudice to the specific provisions laid down in Article 207, agreements between
the Union and third countries or international organisations shall be negotiated and concluded
in accordance with the following procedure.

2. The Council shall authorise the opening of negotiations, adopt negotiating directives,
authorise the signing of agreements and conclude them.

3. The Commission, or the High Representative of the Union for Foreign Affairs and Security
Policy where the agreement envisaged relates exclusively or principally to the common
foreign and security policy, shall submit recommendations to the Council, which shall adopt
a decision authorising the opening of negotiations and, depending on the subject of the
agreement envisaged, nominating the Union negotiator or the head of the Union's negotiating
team.

4. The Council may address directives to the negotiator and designate a special committee in
consultation with which the negotiations must be conducted.

5. The Council, on a proposal by the negotiator, shall adopt a decision authorising the signing
of the agreement and, if necessary, its provisional application before entry into force.

6. The Council, on a proposal by the negotiator, shall adopt a decision concluding the
agreement.

Except where agreements relate exclusively to the common foreign and security policy, the
Council shall adopt the decision concluding the agreement:

(a) after obtaining the consent of the European Parliament in the following cases:

(i) association agreements;

(ii) agreement on Union accession to the European Convention for the Protection of Human
Rights and Fundamental Freedoms;

(iii) agreements establishing a specific institutional framework by organising cooperation

procedures;

(iv) agreements with important budgetary implications for the Union;

(v) agreements covering fields to which either the ordinary legislative procedure applies, or
the special legislative procedure where consent by the European Parliament is required.

The European Parliament and the Council may, in an urgent situation, agree upon a time-limit
for consent.
PJR Morgan: Website: morganisteconomics.blogspot.com
Copyright © 2018 Peter James Rhys Morgan.
(b) after consulting the European Parliament in other cases. The European Parliament shall
deliver its opinion within a time-limit which the Council may set depending on the urgency
of the matter. In the absence of an opinion within that time-limit, the Council may act.

7. When concluding an agreement, the Council may, by way of derogation from paragraphs
5, 6 and 9, authorise the negotiator to approve on the Union's behalf modifications to the
agreement where it provides for them to be adopted by a simplified procedure or by a body
set up by the agreement. The Council may attach specific conditions to such authorisation.

8. The Council shall act by a qualified majority throughout the procedure.

However, it shall act unanimously when the agreement covers a field for which unanimity is
required for the adoption of a Union act as well as for association agreements and the
agreements referred to in Article 212 with the States which are candidates for accession. The
Council shall also act unanimously for the agreement on accession of the Union to the
European Convention for the Protection of Human Rights and Fundamental Freedoms; the
decision concluding this agreement shall enter into force after it has been approved by the
Member States in accordance with their respective constitutional requirements.

9. The Council, on a proposal from the Commission or the High Representative of the Union
for Foreign Affairs and Security Policy, shall adopt a decision suspending application of an
agreement and establishing the positions to be adopted on the Union's behalf in a body set up
by an agreement, when that body is called upon to adopt acts having legal effects, with the
exception of acts supplementing or amending the institutional framework of the agreement.

10. The European Parliament shall be immediately and fully informed at all stages of the
procedure.

11. A Member State, the European Parliament, the Council or the Commission may obtain
the opinion of the Court of Justice as to whether an agreement envisaged is compatible with
the Treaties. Where the opinion of the Court is adverse, the agreement envisaged may not
enter into force unless it is amended or the Treaties are revised.

PJR Morgan: Website: morganisteconomics.blogspot.com

Copyright © 2018 Peter James Rhys Morgan.