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Treaties tend to be drafted by legal specialists who would be well aware of the content of other Treaties such as the Vienna Convention and Treaties which contain a "cooling down period withdrawal clause". Putting in a clause to say that if a member decides within (say) 6 Months of issuance, to withdraw an A. 50 notification , they may do so would have been the easiest thing in the world and could have been achieved with one sentence.

It is difficult not to draw the conclusion that its absence is intentional.

But more important still than what the original framers or legal draughts-people intended is what the high contracting parties actually signed up to. Members which signed the Treaty without a withdrawal of notification clause could be forgiven for wondering how the ECJ could effectively add one in after their signatures had been procured.

Note that the issue in question is not whether an A.50 notification can be withdrawn, but whether it can be withdrawn unilaterally, without the agreement of the EU Council. The EU Council could be forgiven for not engaging seriously with any notice party until they had some sort of guarantee this was for real, and not just a tactical maneuver, to be revoked later.

Note also that in a previous case (Miller, if I recall), the UK government chose not to argue this point, with both parties accepting that an A. 50 notification, once issued, is irrevocable. The only people arguing that it might be are some Remainer Lawyers not acting for any member state government or party to the Treaty.

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Wed Nov 28th, 2018 at 05:34:16 PM EST
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