Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Display:
The UK can unilaterally abandon the article 50 process, a senior adviser to the European court of justice (ECJ) has said, in a significant boost to anti-Brexit campaigners.

Campos Sánchez-Bordona said he believed EU law allowed the UK to revoke article 50 without requiring the formal agreement of the European commission or other EU member states.

In his formal opinion, Sánchez-Bordona said it was essential MPs knew they could stop the Brexit process, dismissing the UK government's claims the issue was hypothetical.



I used to be afew. I'm still not many.
by john_evans (john(dot)evans(dot)et(at)gmail(dot)com) on Tue Dec 4th, 2018 at 09:47:43 AM EST
[ Parent ]
While the opinion from Sánchez-Bordona is not binding on the judges, it is unusual for the ECJ to reach a decision that contradicts the advice of an advocate general.


I used to be afew. I'm still not many.
by john_evans (john(dot)evans(dot)et(at)gmail(dot)com) on Tue Dec 4th, 2018 at 09:50:14 AM EST
[ Parent ]
So can they revoke it and then immediately submit another one, thus gaining more time? If so, why all this talk about a few months extension?
by gk (gk (gk quattro due due sette @gmail.com)) on Tue Dec 4th, 2018 at 09:54:00 AM EST
[ Parent ]
FT
Cancellation should be considered valid as long as the withdrawing government notifies the European Council -- the body of EU governments -- and "does not involve an abusive practice".


It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II
by eurogreen on Tue Dec 4th, 2018 at 10:00:09 AM EST
[ Parent ]
No ... errr not yet
However, that possibility of unilateral revocation is subject to certain conditions and limits. First, like the notification of the intention to withdraw, the unilateral revocation must be notified by a formal act to the European Council. Secondly, it must respect national constitutional requirements. If, as is the case in the UK, prior parliamentary authorisation is required for the notification of the intention to withdraw, it is logical that the revocation of that notification also requires parliamentary approval. There is also a temporal limit on the possibility of revocation, since revocation is possible only within the two-year period that begins when the intention to withdraw is notified. The principles of good faith and sincere cooperation must also be observed, in order to prevent abuse of the procedure laid down in Article 50 TEU.
theoretically

< wipes tears >

Diversity is the key to economic and political evolution.

by Cat on Tue Dec 4th, 2018 at 07:44:40 PM EST
[ Parent ]
The principles of good faith and sincere cooperation must also be observed, in order to prevent abuse of the procedure laid down in Article 50 TEU.

Bookmarked.
by Bernard on Tue Dec 4th, 2018 at 09:22:55 PM EST
[ Parent ]
Only a lawyer could have dreamed that one up! Can you imagine a member state being prosecuted for lacking in good faith or sincere cooperation? Me neither!

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Wed Dec 5th, 2018 at 02:24:51 PM EST
[ Parent ]
The whole Brexit thing has been full of "good faith and sincere cooperation" from the get go.
(sorry, I'm being sarcastic)
by Bernard on Wed Dec 5th, 2018 at 07:21:42 PM EST
[ Parent ]
OK! So the "full Brexit legal advice provided by the attorney general to the cabinet" undoubtedly says the same thing.

It's now a bit redundant to defy Parliament on that, so I suppose May will cave on that.


It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Tue Dec 4th, 2018 at 09:58:51 AM EST
[ Parent ]
Maybe it says A50 notification wasn't given in accordance with constitutional requirements. Who knows?

Wouldn't that be hilarious?

by Colman (colman at eurotrib.com) on Tue Dec 4th, 2018 at 10:16:08 AM EST
[ Parent ]
There is no opinion from the Advocate on merits of lawful or legal constitutional procedure of a member state. He defers to the judgment of the member state's government.

Diversity is the key to economic and political evolution.
by Cat on Tue Dec 4th, 2018 at 07:50:21 PM EST
[ Parent ]
but the subject here is the UK attourney general's advice to Cabinet. That the Government has been judged in contempt of the Commons for withholding.

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II
by eurogreen on Wed Dec 5th, 2018 at 07:32:04 AM EST
[ Parent ]
The HISTORIC contempt motion remediates Tory gov's obstruction of parliament. Pro forma Crisis Averted AS TO any and all allegations forthcoming that Tory gov spoiled the votes 11 Dec ... until further notice.

Again: The event which has not occurred is petition to High Court or ECJ by a UK member in good standing that Tory gov violated a UK "constitutional" right of the member.

Theoretically.

Diversity is the key to economic and political evolution.

by Cat on Wed Dec 5th, 2018 at 04:58:53 PM EST
[ Parent ]

Display:

Occasional Series