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Interview with Prof Franz Mayer, European Law.

Can the British simply cancel Brexit? - Süddeutsche

... A nation state can say: we want to leave, we have to ask no one. At the same time, the rule wants to establish clarity. And that's not really compatible with one state controlling the exit procedure unilaterally.

Q: The price of having the option to exit is therefore: one can declare it unilaterally but the decision cannot be revised unilaterally?

That's how I would see it. This is not mentioned explicitly [in A50] but it seems plausible according to how it came about. Anything else would give the exiting member all possibilities. ... to use as leverage. ... Or it could undermine the 2 year span: negotiate for 1 and a half years, then take the exit back and then trigger A50 again. The time limit would be meaningless. ...

... There are people who say that [A50 can't be stopped]. But A50 allows in consensus with the EU members to extend the period. Then it must be legally possible to stop the whole process but in consensus with the remaining member states. ...

Q: Do you expect the ECJ to eventually decide politically - to make the exit from Brexit possible?

ECJ has to make a legal decision while the political situation is unclear. Which makes it even more political. ... could refuse the case because it is still hypothetical. ...a middle way to not give the British unilateral power over the process... E.g. it could say that the initial triggering of A50 had an absence of intent.

Q: That the British were quasi legally of unsound mind?

Something like that ... I believe they don't want to make a possible political avenue [for canceling Brexit] impossible. But if they were to strictly adhere to the formal legal text they'd have to say: there is nothing about Exit from Brexit thus it is impossible.

... If another member were to say: you can stay but without the rebate. I'm not sure it'd go smoothly if the British would say: we didn't mean it like that, we'll stay onboard. Too much has happened for that.



Schengen is toast!
by epochepoque on Thu Nov 29th, 2018 at 02:51:44 AM EST

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