CJEU – UK can revoke Article 50

by Politicker

The European Court of Justice has today (10 December) announced its decision in Case C-621/18 Wightman and Others as to whether the UK can unilaterally decide to revoke the invocation of Article 50.

The United Kingdom is free to revoke unilaterally the notification of its intention to withdraw from the EU. Such a revocation, decided in accordance with its own national constitutional requirements, would have the effect that the United Kingdom remains in the EU under terms that are unchanged as regards its status as a Member State

All the details available at

https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/cp180191en.pdf

CJEU_decision (copy pdf)

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.

Full Judgement

CJEU Full Judgement (copy pdf)

Will the UK Parliament consider this Judgement in respect of another option for the way forward ?

Other References

Also see a House of Commons Research Briefing

Brexit: Article 50 TEU at the CJEU