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Brexit: 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

05 December 2018

Brexit  
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
5.12.18
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"That possibility continues to exist until such time as the withdrawal agreement is formally concluded."

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 State’s 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."

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