'UK can walk away from Brexit,' says EU Court of Justice

The UK can walk away from Brexit by revoking Article 50, the EU’s top court has decided, also allowing the embattled PM to extend the negotiating time to organise an orderly exit.

The opinion accords with last week’s legal advice given to the Court of Justice in Luxembourg by its advocate general, who said as a sovereign nation, Britain could reverse its decision at any time without the need to gain agreement from any or all member States. 

Theresa May faces a Commons revolt on Tuesday night when MPs are planning to vote down the current UK-EU exit agreement that they have been reviewing. One of May’s options now, is to revoke Article 50 and halt the whole messy process, avoiding a hard Brexit.

The non-binding opinion, requested by a Scottish High Court, was released first thing on Monday morning.

The panel of judges said it would be “inconsistent with the EU treaties’ purpose of creating an ever closer union among the peoples of Europe to force the withdrawal of a member state” against its wishes.

“When a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, the Member States is free to revoke unilaterally that 5421 notification,” reads the Luxembourg court statement.

May also could extend the withdrawal process, giving her time to hold a second, better informed, referendum or even a general election to confirm her leadership.   

The opinion of the EU’s Court of Justice contradicts the view that the withdrawal process can only be reversed of all EU States agree.

Tuesday’s Commons vote is on the government motion, “this House approves … the negotiated withdrawal agreement.”

If a majority of MPs vote for it, the UK will be ready to leave the Union on March 29^th next year and start a transition period to the end of 2020. The predictions for anything other than a rout are zero.

The exit agreement is opposed by all the opposition parties, including the Democratic Unionist Party in Northern Ireland that has been propping up May’s government, plus at least 100 Conservative MPs.

Tuesday night should be an interesting one, both for British politics and European coherence...

Comments  

+2 #7 nogin the nog 2018-12-11 14:19

Quoting Margaridaana:

The problem is that the 'deal' being offered is not that which was voted for. People voted to leave the EU without any further ties, they did not vote for a foot in each camp. Not only does the EU have contempt for democracy, so does the UK government.

Hmm.
Democracy is a wonderful idea, but does it really exist in any state..

+2 #6 nogin the nog 2018-12-11 14:17

hmm.
What did she say a bad deal or a no deal. Well I guess it is a no deal then. Up yours EU..

-3 #5 EU Ex-Pat 2018-12-11 03:59

Quoting Margaridaana:

The problem is that the 'deal' being offered is not that which was voted for. People voted to leave the EU without any further ties, they did not vote for a foot in each camp. Not only does the EU have contempt for democracy, so does the UK government.

MargaridaAnna's first sentence is correct, not the second. The sensible course is to hold a second, informed referendum (albeit no referendum is legally binding) including all UK citizens living in the 27 member states.

-4 #4 Delilah White 2018-12-10 15:58

A possible Brexit has usefully shaken up the European Commission and shed light into much of its opaque decision making. The northern EU making clear how disappointed they are with us British going and the Greco-Romans increasingly shaken up by populist protest and yellow jackets. Hundreds of thousands of south Europeans now aware that being a no-hoper by birth and lack of connections need not be a life sentence. Or force you to emigrate to countries that judge you as a good neighbour and willing worker not vapidly claim they are 'race blind' yet in reality having '20/20 historical sight' of your homelands past.

+2 #3 Margaridaana 2018-12-10 14:38

The problem is that the 'deal' being offered is not that which was voted for. People voted to leave the EU without any further ties, they did not vote for a foot in each camp. Not only does the EU have contempt for democracy, so does the UK government.

0 #2 Chip 2018-12-10 13:27

But we voted to walk away from the EU, not from Brexit.

It seems the "EU's top court" has contempt for democracy.

+2 #1 Demon doris 2018-12-10 10:11

No hope Mrs May will resign, she thinks she's infallible

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