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To me, what they meant - if anything - by not spelling out if an A50 declaration can be revoked or not, is not a question that can be answered by judicial reasoning. If they indeed meant something, it could be traced by asking the involved persons, reading their notes or transcripts of their discussions or reading or watching the debate at the time. Since I don't have access to the persons, their notes or transcripts, the debate at the time is all I have got.

Now the question of what they meant can of course be approached not as a historical fact but only as figure of speech, to be reached by reason alone, death of the author style. Then I would recommend calling it something else.

In the end, the Court will decide the case. And I think it is a folly to try to guess what they will decide based on reasoning that doesn't take into account who the judges are and what kind of legal tradition they are constructing on the EU level out of the different European ones. Maybe they will take the Vienna convention on conventions into account, maybe they will lean heavily on the historical record of what the contracting parties actually meant. Maybe they will grasp an opportunity to get out of actually deciding.

by fjallstrom on Wed Nov 28th, 2018 at 11:18:32 AM EST
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