UK can cancel Brexit by unilaterally revoking Article 50, European Court advocate general says

Authored by independent.co.uk and submitted by ginger_bredman

Britain can still cancel Brexit by revoking Article 50 without the consent of other EU member states, the European Court of Justice's advocate general has said.

The EU's top court has been considering the question of whether the UK can decide not to go ahead with Brexit at this late stage after a legal challenge by campaigners.

The formal legal recommendation cites Britain's "sovereignty" in treaty-making matters and says withdrawal "may be revoked at any time" during the negotiating period, as long as it is done in good faith.

The statement is significant because it would mean Britain would have the power to stop a no-deal Brexit from happening, even if Theresa May's deal is voted down next week.

UK government lawyers also have already conceded that parliament has the power to instruct the Government to revoke Article 50, meaning MPs worried about a no-deal would have powers to stop one from happening.

EU lawyers had argued that the UK needed a vote of other member states if it wanted to back out, while the British government had said the Court should not rule on the question because it was hypothetical.

Though the advocate general's opinion is not a final legal ruling, it is very unusual for the full court to overturn its recommendation. A final ruling by a panel of judges is due in the next few weeks.

The dispute is genuine, the question is not merely academic, nor premature or superfluous, but has obvious practical importance and is essential in order to resolve the dispute

The Government has been trying to convince MPs to vote for Theresa May's Brexit deal by warning that voting it down could trigger a no-deal.

The EU has repeatedly said the options available to Britain are the deal on the table, no-deal, or no Brexit. However it was legally disputed whether all EU member states would have to unanimously agree to let Britain stay.

Article 50 spells out clearly that the 27 countries would need to give their consent for an extension of the negotiating period, but is silent on the procedure needed to revocation.

The advocate general dismissed UK arguments that there should be no ruling on the issue, stating in his opinion that the "dispute is genuine, the question is not merely academic, nor premature or superfluous, but has obvious practical importance and is essential in order to resolve the dispute".

The top legal authority said the clause was revocable as long as a member state wishing to withdraw it was not acting in an "abusive" manner. It stated: "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."

It argued that as a general principle of international law "withdrawal from an international treaty may be revoked at any time" before it takes effect.

The opinion adds: "Advocate General states that Article 50 TEU is an expression of the principle of respect for the national identities of the Member States, in allowing them to withdraw if they consider that that national identity is incompatible with membership of the EU. In his view, there is no reason that, conversely, that Member State may not link its identity to its integration into the EU."

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PA 5/65 Angela Christofilou/The Independent 6/65 Angela Christofilou/The Independent 7/65 Angela Christofilou/The Independent 8/65 Angela Christofilou/The Independent 9/65 MP Chuka Umunna (left) and MP Vince Cable (right) as MP Anna Soubry (centre) addresses Anti-Brexit campaigners at a rally after the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 10/65 Angela Christofilou/The Independent 11/65 Angela Christofilou/The Independent 12/65 Angela Christofilou/The Independent 13/65 Demonstrators with banners 'We're with EU' during the People's Vote March for the Future in London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a People’s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan. EPA 14/65 Angela Christofilou/The Independent 15/65 Angela Christofilou/The Independent 16/65 Angela Christofilou/The Independent 17/65 Angela Christofilou/The Independent 18/65 Editor of The Independent Christian Broughton speaks to demonstrators in Parliament Sqaure after they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 19/65 The Independent 20/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 21/65 Angela Christofilou/The Independent 22/65 Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Angela Christofilou 23/65 Angela Christofilou/The Independent 24/65 Angela Christofilou/The Independent 25/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 26/65 Angela Christofilou/The Independent 27/65 Angela Christofilou/The Independent 28/65 Angela Christofilou/The Independent 29/65 Angela Christofilou/The Independent 30/65 Angela Christofilou/The Independent 31/65 Angela Christofilou/The Independent 32/65 Angela Christofilou/The Independent 33/65 Demonstrators hold placards as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 34/65 Angela Christofilou/The Independent 35/65 Angela Christofilou/The Independent 36/65 Angela Christofilou/The Independent 37/65 Angela Christofilou/The Independent 38/65 Angela Christofilou/The Independent 39/65 Angela Christofilou/The Independent 40/65 Angela Christofilou/The Independent 41/65 Angela Christofilou/The Independent 42/65 Angela Christofilou/The Independent 43/65 Angela Christofilou/The Independent 44/65 Angela Christofilou/The Independent 45/65 Angela Christofilou/The Independent 46/65 Angela Christofilou/The Independent 47/65 Angela Christofilou/The Independent 48/65 Angela Christofilou/The Independent 49/65 Angela Christofilou/The Independent 50/65 Angela Christofilou/The Independent 51/65 Angela Christofilou 52/65 Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 campaigner wrapped in EU flag Angela Christofilou 53/65 Angela Christofilou/The Independent 54/65 Angela Christofilou/The Independent 55/65 Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Angela Christofilou 56/65 Demonstrators pass Trafalgar Square as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 57/65 Demonstrators wave Union and European flags and hold up placards as they pass Trafalgar Square, taking part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 58/65 Demonstrators hold placards as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 59/65 A demonstrator holds a message during a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 60/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 61/65 Demonstrators take part in the 'People's Vote March for the Future,' in central London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a People’s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan EPA 62/65 A protester brandishes an Independent t-shirt during the Brexit March Angela Christofilou 63/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum PA 64/65 Tens of thousands of people take part in People's Vote March for the Future in central London. The march organised by the People's Vote campaign is led by young people calling for a People's Vote on the Brexit deal Rex 65/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum PA 1/65 Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Protesters wearing final Say shirts and holding placards Angela Christofilou 2/65 Red smoke from a canister hangs in the air as around 100,000 demonstrators march through London during a People's Vote anti-brexit demonstration savings banners and placards Anti-Brexit People's Vote March for the Future in London Rex 3/65 Angela Christofilou/The Independent 4/65 Mayor of London Sadiq Khan takes part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 5/65 Angela Christofilou/The Independent 6/65 Angela Christofilou/The Independent 7/65 Angela Christofilou/The Independent 8/65 Angela Christofilou/The Independent 9/65 MP Chuka Umunna (left) and MP Vince Cable (right) as MP Anna Soubry (centre) addresses Anti-Brexit campaigners at a rally after the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 10/65 Angela Christofilou/The Independent 11/65 Angela Christofilou/The Independent 12/65 Angela Christofilou/The Independent 13/65 Demonstrators with banners 'We're with EU' during the People's Vote March for the Future in London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a People’s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan. EPA 14/65 Angela Christofilou/The Independent 15/65 Angela Christofilou/The Independent 16/65 Angela Christofilou/The Independent 17/65 Angela Christofilou/The Independent 18/65 Editor of The Independent Christian Broughton speaks to demonstrators in Parliament Sqaure after they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 19/65 The Independent 20/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 21/65 Angela Christofilou/The Independent 22/65 Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Angela Christofilou 23/65 Angela Christofilou/The Independent 24/65 Angela Christofilou/The Independent 25/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 26/65 Angela Christofilou/The Independent 27/65 Angela Christofilou/The Independent 28/65 Angela Christofilou/The Independent 29/65 Angela Christofilou/The Independent 30/65 Angela Christofilou/The Independent 31/65 Angela Christofilou/The Independent 32/65 Angela Christofilou/The Independent 33/65 Demonstrators hold placards as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 34/65 Angela Christofilou/The Independent 35/65 Angela Christofilou/The Independent 36/65 Angela Christofilou/The Independent 37/65 Angela Christofilou/The Independent 38/65 Angela Christofilou/The Independent 39/65 Angela Christofilou/The Independent 40/65 Angela Christofilou/The Independent 41/65 Angela Christofilou/The Independent 42/65 Angela Christofilou/The Independent 43/65 Angela Christofilou/The Independent 44/65 Angela Christofilou/The Independent 45/65 Angela Christofilou/The Independent 46/65 Angela Christofilou/The Independent 47/65 Angela Christofilou/The Independent 48/65 Angela Christofilou/The Independent 49/65 Angela Christofilou/The Independent 50/65 Angela Christofilou/The Independent 51/65 Angela Christofilou 52/65 Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 campaigner wrapped in EU flag Angela Christofilou 53/65 Angela Christofilou/The Independent 54/65 Angela Christofilou/The Independent 55/65 Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Angela Christofilou 56/65 Demonstrators pass Trafalgar Square as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 57/65 Demonstrators wave Union and European flags and hold up placards as they pass Trafalgar Square, taking part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 58/65 Demonstrators hold placards as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 59/65 A demonstrator holds a message during a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty 60/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA 61/65 Demonstrators take part in the 'People's Vote March for the Future,' in central London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a People’s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan EPA 62/65 A protester brandishes an Independent t-shirt during the Brexit March Angela Christofilou 63/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum PA 64/65 Tens of thousands of people take part in People's Vote March for the Future in central London. The march organised by the People's Vote campaign is led by young people calling for a People's Vote on the Brexit deal Rex 65/65 Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum PA

Jo Maugham QC, a top lawyer backing the legal challenge, said the legal opinion "puts the decision about our future back in the hands of our own elected representatives – where it belongs".

He added: "On this critical issue I'm sure MPs will now search their consciences and act in the best interest of the country."

The Independent has launched its #FinalSay campaign to demand that voters are given a voice on the final Brexit deal.

clog_bomb on December 4th, 2018 at 14:35 UTC »

Can we call it Brevermind?

IntellegentIdiot on December 4th, 2018 at 12:35 UTC »

Britain has to want to stay. We need to feel loved, not hated, by the rest of Europe. Basically what I'm saying is if you vote for us to win Eurovision next year maybe we can forget about this whole mess

nekokun on December 4th, 2018 at 09:52 UTC »

Can't wait to see what happens! This os so exciting and depressing at the same time (I lived in Scotland till a month ago).