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"The only thing that makes sense is for Britain to withdraw the Art 50 notification altogether, and even then we all know a current parliament cannot bind future parliaments."

Isn't that the point?  Any member has an absolute right to invoke A50 any time it wants. Absolute chaos would result if the Council also allowed any member to revoke a notification whenever it felt like it.

This really isn't a legal question, it is a political one. The Council has an absolute right to accept or reject a withdrawal of an A50 notification at it's absolute discretion.

I suggest the Council would have to be convinced that the UK Government really was serious about remaining in the UK and wasn't just using a withdrawal of the letter as a tactic to give itself 2 more years of negotiating time.

And the only way I can see the Council being convinced of that is if a second referendum or a general election was fought and won by a party committed to remaining within the EU.

That still seems a pretty remote prospect, to my mind, and so I didn't include it in my most plausible scenario above.

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Wed Oct 18th, 2017 at 10:04:39 PM EST
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