Article 50 ruling due day before MPs vote on May’s Brexit deal

PUBLISHED: 11:07 06 December 2018 | UPDATED: 11:07 06 December 2018

People's Vote campaigners on the march. Photograph: Ollie Millington / RMV / PA,

People's Vote campaigners on the march. Photograph: Ollie Millington / RMV / PA,

Zuma Press/PA Images

The European Court of Justice will deliver its ruling on whether the UK can unilaterally revoke its withdrawal from the EU the day the crunch vote on the prime minister’s Brexit deal.

The ruling will come less than a week after a European Court of Justice (ECJ) Advocate General issued a legal opinion stating that the UK can unilaterally revoke its withdrawal from the EU.

MORE: Subscribe to The New European for 26 weeks at just £30 - save £75!

MORE: Watch David Lammy’s barnstorming speech to the Commons on Brexit

Manuel Campos Sanchez-Bordona rejected the contention that Article 50 only allows the possibility of revocation following a unanimous decision of the European Council.

The opinion is not binding on the court but campaigners who brought the case said it is considered very influential, and welcomed the news the ruling would be delivered before December 11.

SNP MP Joanna Cherry, one of those involved in bringing the case, tweeted: “CJEU will give final judgment in Article 50 case at 8am on Monday morning so our aim of ensuring MPs know revocation is possible before the #MeaningfulVote will be achieved.

“Thank to all who have supported us”.

Campaigners have said if the ECJ rules that the UK can unilaterally revoke Brexit it could give the country the option to “stop the clock” on leaving the EU as it would give an alternative to the options of the prime minister’s deal or no-deal.

MORE: Delia Smith: ‘Everything about Brexit screams wrong’

MORE: Record majority now think Brexit was the wrong decision

The case was brought forward by a group of Scottish politicians - Labour MEPs Catherine Stihler and David Martin, Joanna Cherry MP and Alyn Smith MEP of the SNP, as well as Green MSPs Andy Wightman and Ross Greer, together with lawyer Jolyon Maugham QC, director of the Good Law Project.

Their request for the Court of Session to refer the question of whether Article 50 can be unilaterally revoked to the ECJ was initially refused, before that ruling was overturned on appeal.

Two attempts by the UK government, which is contesting the case, to appeal against the referral to the European court were rejected.

Maugham said: “I’m very pleased that the court in Luxembourg has recognised the extreme importance of its answer and its urgency for the parliament.”

Once the ECJ has delivered its ruling the case will be referred back to the Court of Session in Edinburgh, where judges are expected to “frank” the decision and declare the European Court’s answer to be the law on the matter.

You've seen the news, now discover the story

The New European is committed to providing in-depth analysis of the Brexit process, its implications and progress as well as celebrating European life.

Try 13 weeks for £13

Become a Supporter

The New European is proud of its journalism and we hope you are proud of it too. We believe our voice is important - both in representing the pro-EU perspective and also to help rebalance the right wing extremes of much of the UK national press. If you value what we are doing, you can help us by making a contribution to the cost of our journalism.

Find out more

Latest Articles

Most Read

 

latest issue

ANTI-BREXIT EVENTS

Grassroots anti-Brexit campaigners are increasing the pressure on politicians ahead of a series of important votes this year. Here is a list of the events organised across Britain in the coming weeks and months.

Newsletter Sign Up

The New European weekly newsletter
Sign up to receive our regular email newsletter

Our Privacy Policy