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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.
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.
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.
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".
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.
< wipes tears > Diversity is the key to economic and political evolution.
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.
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
Wouldn't that be hilarious?
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.
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