Music to Remainers' ear as ECJ official says UK can revoke Brexit Article 50 and stay in EU
The United Kingdom could still decide to revoke Article 50 and remain in the European Union, a European Court of Justice (ECJ) representative has said.
Manual Campos Sanchez-Bordona said the UK can "unilaterally" revoke Article 50 and decide to stay in the EU. However the opinion is not binding, though the opinion of the Advocate General is endorsed by the ECJ in the vast majority of cases.
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The decision came to light after the case was referred to the ECJ from Scotland's Court of Session. The case was brought by a group of people who wanted to establish that revoking Article 50 and remaining in the EU was an option for the UK government.
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In a statement the ECJ explained the reasoning.
"In answer to the question from the Scottish court, the Advocate General proposes that the Court of Justice should, in its future judgment, declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU, until such time as the Withdrawal Agreement is formally concluded, provided that the revocation has been decided upon in accordance with the member state's constitutional requirements, is formally notified to the European Council and does not involve an abusive practice," the statement read.
The House of Commons is set to for a vote on Prime Minister Theresa May's Brext withdrawal agreement next Tuesday, December 11.
Pro-remain groups have called for another referendum if Mrs May's deal fails to gain support from the house.
The Prime Minister will need the support of at least 320 MPs to win the vote, but faces an uphill task with Labour, the SNP, Plaid Cymru and the DUP all coming out against the deal.
A total of 20 Conservative MPs have said publicly they will vote against Mrs May’s deal, 45 Cons MPs have said they will not vote in favour while 26 another Tory MPs have declared they are unhappy with the deal.
Belfast Telegraph Digital