The UK can walk away from Brexit by revoking Article 50, the EU’s top court has decided, also allowing the embattled PM to extend the negotiating time to organise an orderly exit.
The opinion accords with last week’s legal advice given to the Court of Justice in Luxembourg by its advocate general, who said as a sovereign nation, Britain could reverse its decision at any time without the need to gain agreement from any or all member States.
Theresa May faces a Commons revolt on Tuesday night when MPs are planning to vote down the current UK-EU exit agreement that they have been reviewing. One of May’s options now, is to revoke Article 50 and halt the whole messy process, avoiding a hard Brexit.
The non-binding opinion, requested by a Scottish High Court, was released first thing on Monday morning.
The panel of judges said it would be “inconsistent with the EU treaties’ purpose of creating an ever closer union among the peoples of Europe to force the withdrawal of a member state” against its wishes.
“When a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, the Member States is free to revoke unilaterally that 5421 notification,” reads the Luxembourg court statement.
May also could extend the withdrawal process, giving her time to hold a second, better informed, referendum or even a general election to confirm her leadership.
The opinion of the EU’s Court of Justice contradicts the view that the withdrawal process can only be reversed of all EU States agree.
Tuesday’s Commons vote is on the government motion, “this House approves … the negotiated withdrawal agreement.”
If a majority of MPs vote for it, the UK will be ready to leave the Union on March 29th next year and start a transition period to the end of 2020. The predictions for anything other than a rout are zero.
The exit agreement is opposed by all the opposition parties, including the Democratic Unionist Party in Northern Ireland that has been propping up May’s government, plus at least 100 Conservative MPs.
Tuesday night should be an interesting one, both for British politics and European coherence...
