David Cameron must show he is serious about Britain leaving the EU The European Union has a fundamental basis for its operation, the "Community Acquis." This is defined by the EU itself as including, among other things, the content, principles and political objectives of the treaties as well as judgments of the Court of Justice. It states that derogations are "granted only in exceptional circumstances and are limited in scope." This is an obstacle to any repatriation of powers as the preamble to the Treaty on the European Union (TEU) declares that member states commit "to continue the process of creating an ever closer union among the peoples of Europe." Although it also refers to subsidiarity in making decisions close to the "citizen," removing competencies from the centre and restoring them to a member state is not envisaged. As the acquis includes the political objectives of the treaties and not just the black letter of the law it is hard to see how any but the most limited renegotiation could be compatible with it. The issue of human rights is one where there is a good deal of confusion between the EU and the Council of Europe which oversees the European Convention and Court of Human Rights. Some people argue that the United Kingdom is free to leave the jurisdiction of the ECHR without any reference to the EU. This is doubtful partly as the treaties specifically say that the EU will itself sign up to the European Convention which would ensure that any application of European law in Britain would be under the auspices of the ECHR. This would encompass all those areas where the EU currently takes the lead in policy making. However, there may be a closer link as the treaty specifically says in its second article that "the union is founded on... respect for human rights" and because this is part of the acquis the UK could not easily gain a derogation. Then there is the issue of pettifogging regulations which cover a wide range of issues including working times, agriculture, railways, fish, weights and measures, food safety, pharmaceuticals and is now embedded in almost every walk of British life. This is the regulation that allowed horse meat into food but takes milk of magnesia off chemists" shelves. It is all based upon article three of the Treaty of the European Union which says that the "Union shall establish an internal market." This has been used by the European Court of Justice to extend the limits of European power. Although the European treaties run to 400 pages the key problems are in the preamble, article two and article three. Combined with the acquis they are at the essence of the EU. Against this formidable fortress of European centralisation there may be one way to be taken seriously. This would be to invoke article 50 of the TEU which allows a member state to leave and provides for a two-year period to negotiate the terms of exit. This could run in parallel with trying to reform the problematic burdens of membership and would give a greater reality to a referendum. It would ensure that the will of the British people, once expressed, could be implemented without delay. This avoids the risk of a second referendum if Europe did not like the first result as has happened in other member states. It would show a true strength of purpose. To use it would be a simple matter of Prime Ministerial will through the prerogative power and would not require the consent of the Lib Dems. It would allow time to consider what life would be like outside the common market while strengthening our negotiating hand to achieve an EU we may be able to live with. A successful referendum is dependent on proper planning, article 50 will be the key to any plan. Jacob Rees-Mogg is the Conservative MP for North East Somerset