Brexit: Court of Justice: UK can unilaterally revoke notification of its intention to withdraw from the EU

"In today’s judgment, the Full Court has ruled that, when a Member State has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that Member State is free to revoke unilaterally that notification.

That possibility exists for as long as a withdrawal agreement concluded between the EU and that Member State has not entered into force or, if no such agreement has been concluded, for as long as the two-year period from the date of the notification of the intention to withdraw from the EU, and any possible extension, has not expired.

The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council.

Such a revocation confirms the EU membership of the Member State concerned under terms that are unchanged as regards its status as a Member State and brings the withdrawal procedure to an end."

See: The United Kingdom is free to revoke unilaterally the notification of its intention to withdraw from the EU (CJEU press release, pdf)

Judgment: Wightman and others, Case C-621/18 (pdf)

The judgment confirms the Opinion published by the CJEU less than a week ago: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 (Statewatch News Online, 5 December 2018)

 

 

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