SHARE
COPY LINK

BREXIT

UK can cancel Brexit before March 29th without EU’s consent, ECJ rules

A new option has become available to the UK in the Brexit process as the European Court of Justice ruled that revoking Article 50 unilaterally is a possibility.

UK can cancel Brexit before March 29th without EU’s consent, ECJ rules
File Photo: Justin Tallis/AFP.

The European Court of Justice (ECJ) has judged that the UK is free, should the government choose to, to “revoke unilaterally” its notification to withdraw from the European Union.

The judicial review was lodged in the EU’s Court of Session, First Division in Scotland by a cross-section of lawyers, MPs and MEPs from the UK Parliament, the Scottish Parliament and the European Parliament.

The judicial review was led by the Good Law Project, whose director Jolyon Maugham QC released a statement calling the ECJ’s decision “arguably the most important case in modern domestic legal history.” The Good Law Project was not supported by Labour or the Conservatives: “The tiny Good Law Project and six brave Scottish Parliamentarians have taken on the Government, the other 27 Member States and the Commission – and won,” added the statement.

The review was lodged in 2017 “to determine whether the notification referred to in Article 50 can be revoked unilaterally before the expiry of the two-year period, with the effect that such revocation would result in the United Kingdom remaining in the EU,” clarifies a press statement by the ECJ on Monday December 10th.

The option to revoke the withdrawal notification “exists for as long as the withdrawal agreement concluded between the EU and that Member State has not entered into force,” or, in the case of no ratified agreement, before the expiry of the two-year notification period from the date Article 50 was activated.

The UK notified the EU of its desire to exit the bloc by activating Article 50 on March 29th 2017 and would therefore be free, should the draft exit agreement not be ratified by the UK Parliament and the European Parliament, to revoke its notification to leave before March 29th 2019.

British Prime Minister Theresa May is still keen to go ahead with the UK’s departure as her embattled government faces a decisive vote in the UK Parliament tomorrow that could well decide the direction the Brexit process could take. UK and EU negotiators have agreed on a draft Brexit agreement that would settle certain issues related to the future relationship, including on trade, the reciprocal rights of citizens and certain issues of regulation.

READ ALSO: 'It's better than no deal': Do Brits in Europe hope Theresa May wins Brexit vote

Many observers, however, believe PM May will face a humiliating defeat in Parliament on Tuesday, December 11th, when MPs vote on that deal. This could force May to either seek a renegotiation with the EU or to request an extension to the Article 50 period beyond March next year. Worse still for her, the decision could contribute to the possibility of a vote of no-confidence in her leadership or a general election.
Should a UK government decide to revoke Article 50, the UK’s EU membership would be confirmed and its status as a Member State would remain unchanged. The withdrawal process, in such a scenario, would be brought to an end, the ECJ further clarified.

The UK’s Parliament is notoriously divided on the issue of Brexit and the news that the whole process could be cancelled with a few strokes of a pen will no doubt encourage those seeking a People’s Vote, a second referendum on the UK's exit from the European Union.

READ ALSO: 'Brexit won't happen': Why not all Brits in France are panicking about the future

MPs in favour of the UK remaining in the EU welcomed the ECJ’s clarification. “A simple way out of the Brexit chaos is available,” tweeted Richard Corbett, leader of the Labour MEPs. “This is hugely important. We can now stop Brexit quickly, with no loss of existing rights & benefits,” commented Labour Peer Andrew Adonis.

The First Minister of Scotland Nicola Sturgeon suggested an extension of Article 50 to allow time for another referendum, followed by a revocation, are options “now available to the House of Commons.”

READ MORE: Pensions and healthcare: UK offers assurances to Brits in EU over no-deal Brexit

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

BREXIT

BREXIT: Spain and EU suggest removing Gibraltar border

Madrid and Brussels have approached the British government with a proposal for removing the border fence between Spain and Gibraltar in order to ease freedom of movement, Spain's top diplomat said Friday.

BREXIT: Spain and EU suggest removing Gibraltar border

“The text presented to the United Kingdom is a comprehensive proposal that includes provisions on mobility with the aim of removing the border fence and guaranteeing freedom of movement,” Foreign Minister José Manuel Albares said, according to a ministry statement.

Such a move would make Spain, as representative of Europe’s passport-free Schengen zone, “responsible for controlling Gibraltar’s external borders”, it said.

The Schengen Area allows people to move freely across the internal borders of 26 member states, four of which are not part of the EU.

There was no immediate response from London.

A tiny British enclave at Spain’s southern tip, Gibraltar’s economy provides a lifeline for some 15,000 people who cross in and out to work every day.

Most are Spanish and live in the impoverished neighbouring city of La Línea.

Although Brexit threw Gibraltar’s future into question, raising fears it would create a new “hard border” with the EU, negotiators reached a landmark deal for it to benefit from the rules of the Schengen zone just hours before Britain’s departure on January 1, 2021.

Details of the agreement have yet to be settled.

With a land area of just 6.8 square kilometres (2.6 square miles), Gibraltar is entirely dependent on imports to supply its 34,000 residents and the deal was crucial to avoid slowing cross-border goods trade with new customs procedures.

Albares said the proposal would mean Madrid “taking on a monitoring and protection role on behalf of the EU with regards to the internal market with the removal of the customs border control” between Spain and Gibraltar.

The deal would “guarantee the free movement of goods between the EU and Gibraltar” while guaranteeing respect for fair competition, meaning businesses in the enclave would “compete under similar conditions to those of other EU operators, notably those in the surrounding area”.

Although Spain ceded Gibraltar to Britain in 1713, Madrid has long wanted it back in a thorny dispute that has for decades involved pressure on the frontier.

READ ALSO: Why are Ceuta and Melilla Spanish?

SHOW COMMENTS