EU Court Ruling on Whether UK Can Unilaterally Stop Brexit and Revoke Article 50 to Take Place on December 10

Politics | December 6, 2018, Thursday // 14:23
Bulgaria: EU Court Ruling on Whether UK Can Unilaterally Stop Brexit and Revoke Article 50 to Take Place on December 10 Източник: pixabay

European Court of Justice ruling on whether the UK can cancel Brexit by revoking Article 50 will take place the day before MPs vote on Mrs May's Brexit deal, the court has announced, writes

European judges will issue their ruling on December 10, ahead of the Commons vote on December 11.

Earlier this week an ECJ Advocate General issued a legal opinion stating that the UK can unilaterally revoke its withdrawal from the EU.

Manuel Campos Sanchez-Bordona rejected the contention that Article 50 only allows the possibility of revocation following a unanimous decision of the European Council.

On Thursday, the European court said in a tweet: "#Brexit: the ruling on the reversibility of #Article50 TEU (case C-621/18 Wightman) will be delivered on 10th December at 9 CET."

The announcement comes following a longstanding legal wrangle led by a cross-party group of politicians, who wanted to clarify whether this was an option.

Campaigners have argued for this to be clear to parliamentarians making decisions on Britain's future in regards to the EU.

The Prime Minister, Theresa May, prompted the formal process for the UK to leave the EU in March 2017, when she triggered Article 50 of the Treaty on European Union.

The article is the legal mechanism for a country to leave the bloc.

Even if it is ruled possible the UK can do so, the European Court of Justice would not be providing any indication on what Parliament "must or ought to do", according to Scotland's most senior judge Lord Carloway. 

It would be "merely declaring the law as part of its central function".

With regards to the possibility of stopping Brexit, Theresa May has been ardent that she does not see this as a possibility. 

She has spoken frequently of honouring the Referendum result in 2016 by leaving the European Union. 

 On BBC Radio 4 Today, she insisted she had negotiated a "good deal" that "delivers on the referendum".

"I'm clear that we will leave the European Union, we've got a good deal for leaving the European Union," said Mrs May.

She has though spoke of three likely outcomes to debate which are her deal, no-deal or no Brexit, despite being highly vocal on her stance against the latter. 

The Brexit Secretary, Stephen Barclay, has also stated the stance that the Government will not reverse Article 50.

Speaking in the Commons, he said: "In terms of the court case, obviously I can't prejudge a court case, but the position of her Majesty's Government is very clear, we won't be revoking Article 50.

"If you look at the reason for that, the Commission has a very similar view, which is because if someone could revoke in essence they could go to the last day of a judgment and then revoke and retrigger the process. 

"That would make a mockery of the two-year period of Article 50 and that is why we don't think that is the right position."

The timing of the ruling could pose further problems for Mrs May, ahead of the ominous vote on her plans on December 11. 

It has been frequently touted as unlikely to pass, while Cabinet ministers have pleaded with her to postpone it amid concerns failure could bring down the Government.


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Tags: European Court, Article 50, Brexit, theresa may
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