MEP Change UK candidate and senior barrister, Jessica Simor has said “stopping the EU election at the last minute would likely be illegal”. Ms Simor claimed that if the Prime Minister cancelled the EU elections, she could face legal action from EU citizens residing in the UK. Yet, Mrs May has repeatedly claimed she has until May 22 to cancel the election.
However, the EU and human rights barrister claimed it would breach the “fundamental rights” of EU citizens who have given up the right to vote in their own countries, to now vote in the UK.
Ms Simor said: “Stopping the election at the last minute would likely be illegal.
“EU citizens who had chosen to vote here rather than as they could have done, in their home state, would have had their rights violated.
“This would be very serious for the UK – not something you want to do just before opening trade negotiations.”
Whitehall insiders have admitted this week it is unlikely the UK can avoid the £100million European elections on May 23 given the Brexit deadlock.
One insider claimed to have said the Government’s best hope was passing a Brexit deal by June 30.
That is the last possible date before MEPs take their seats in the new European Parliament.
Chair of the Electoral Commission, Sir John Holmes, said the EU election debacle was “unprecedented in a mature democracy”.
Mr Holmes also warned that taking part in the elections without knowing whether elected MEPs would take their seats “raises serious concerns”.
The Prime Minister said earlier this month that the UK has until the evening of the elections to cancel the poll by passing her Brexit deal.
Government sources have insisted passing the Withdrawal Agreement by May 23 would be enough of a legal safeguard.
However, yesterday Mrs May confirmed it was no longer on the agenda for next week.
