More Lex Brexitaria. CJEU OKs AG’s opinion.

The Court of Justice has just announced its decision in Wightman. It confirms the opinion of the Attorney General published last week that the UK is free to withdraw its article 50 notice before 29 March 2019.

In today’s Press Release it is stated.

“In today’s judgment, the Full Court has ruled that, when a Member State has notified the
European Council of its intention to withdraw from the European Union, as the UK has
done, that Member State is free to revoke unilaterally that notification.
That possibility exists for as long as a withdrawal agreement concluded between the EU
and that Member State has not entered into force or, if no such agreement has been
concluded, for as long as the two-year period from the date of the notification of the
intention to withdraw from the EU, and any possible extension, has not expired.
The revocation must be decided following a democratic process in accordance with
national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council. Such a revocation confirms the EU membership of the Member State concerned under terms that are unchanged as regards its status as a Member State and brings the withdrawal procedure to an end.”

Another instalment in the Lex Brexitaria is expected later today in the judicial review application concerning article 50 in the Administrative Court which was heard last Friday.

 

In the light of the judgment, the current Prime Minister Mrs May has made  a statement at 15.30 in which she  announced a delay to tomorrow’s meaningful vote in the House of Commons on the Draft Withdrawal Agreement. The Prime Minister hopes to use this delay to address the concerns of MPs regarding the backstop. She could start by getting them to read paragraphs 20 and 21 of the Attorney General’s advice which points out that Northern Ireland will be in a more advantageous position with the EU than the rest of the UK in the event the UK enters the backstop.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s