Published: Tue, December 04, 2018
Worldwide | By Jermaine Blake

Britain Could Change Its Mind on Brexit — EU Court Adviser

Britain Could Change Its Mind on Brexit — EU Court Adviser

In order to revoke Article 50, the opinion says the United Kingdom would have to formally notify the European Council, respect national constitutional requirements - which in the United Kingdom would mean an act of parliament, and finally the revocation would have to take place within the two-year period since Article 50 was triggered.

May has repeatedly said the government will not seek to delay or reverse Brexit.

"If judges accept his opinion, the United Kingdom will have the option of halting the process, and will be able to offer the chance to keep the best deal we have as a member of the European Union through a People's Vote - rather than choosing between Theresa May's bad deal or a catastrophic no-deal scenario".

In his opinion, ECJ Advocate General Manuel Campos Sanchez-Bordona said the United Kingdom can "unilaterally" revoke its withdrawal from the EU.

Clearly not trusting the rest of the European Union to agree with Britain if Parliament voted to reverse Brexit, the group petitioned the ECJ for the unilateral right to declare the United Kingdom under the continuing control of the exact same European Union that could not be counted upon to serve their interests in the first place.

In a statement this morning, Maugham QC said the advocate general's formal recommendation, which is not binding on the CJEU, "puts the decision about our [UK] future back into our hands of our own elected representatives - where it belongs". "On this critical issue, I'm sure MPs will now search their consciences and act in the best interests of our country".

Prime Minister Theresa May's government insists it will never reverse the decision to leave, but May faces a tough battle to win backing in Parliament before lawmakers vote next week on whether to accept or reject the divorce agreement negotiated with the bloc.

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"A revocation of Article 50 provides an opportunity for a second referendum".

A full ruling is expected in the coming days and could be issues before the Commons votes on Theresa May's Brexit deal on 11 December.

The "ECJ says the United Kingdom can revoke Article 50 without permission", Nigel Farage, the man who spearheaded the Brexit campaign, said on Twitter. "Every effort is being made on both sides of the Channel to stop Brexit".

The case was brought before the ECJ by Scottish politicians opposed to Brexit. This would be "incompatible" with Article 50, he said.

At the November 27 hearing before the full European Union court, lawyers for the lawmakers behind the case argued that legal certainty needs to come before politics and that the UK Parliament, which has the power to decide, needs to have certainty about the law.

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

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