05 December 2018
Advocate General Campos Sánchez-Bordona proposes that the Court of Justice should declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU
Follow us: | | Tweet
See: Press release No 187/18 in the case of Wightman and Others v Secretary of State for Exiting the European Union (4 December 2018, pdf)
Full-text: Opinion of Advocate General Campos Sánchez-Bordona (pdf)
"In the light of the foregoing considerations, I propose that the Court of Justice should answer the question referred by the Court of Session, Inner House, First Division (Scotland) as follows:
When a Member State has notified the European Council of its intention to withdraw from the European Union, Article 50 of the Treaty on European Union allows the unilateral revocation of that notification, until such time as the withdrawal agreement is formally concluded, provided that the revocation has been decided upon in accordance with the Member States constitutional requirements, is formally notified to the European Council and does not involve an abusive practice."
And: Article 50: Law officer says UK can cancel Brexit (BBC News, link):
"The UK should be able to unilaterally cancel its withdrawal from the EU, according to a top European law officer.
The non-binding opinion was delivered by an advocate general of the European Court of Justice.
A group of Scottish politicians has asked the court whether the UK can call off Brexit without the consent of other member states.
The Court of Justice (ECJ) will deliver its final ruling at a later date."
|Support our work by making a one-off or regular donation to help us continue to monitor the state and civil liberties in Europe.|
EU: The Schengen Borders Code precludes Germany from requiring coach transport operators of cross-border services to check the passports and residence permits of passengers before entering or leaving German territory
Spotted an error? If you've spotted a problem with this page, just click once to let us know.
Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: MayDay Rooms, 88 Fleet Street, London EC4Y 1DH. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.