Might the European Courtof Justive have to decide how and under what conditions the UK might leave the EU? The intriguing possibility is discussed amongst other related issues by Jolyon Maugham, here.
I think it essential reading tonight.
But I am in Bratislava.
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They say that history repeats itself, the firs time as tragedy, the second as farce.
I can only presume that what happened with the Greeks a year ago was the tragedy, for the idea that how Britain takes back control must be decided in the European courts is, in its own way, quite hysterically funny.
At 24:55 mins into this video, Donald Tusk confirms that he considers it legally possible for the UK to withdraw an Article 50 notification after it has been made but before a Brexit agreement has been reached or the 2 year time limit is up http://ec.europa.eu/avservices/video/player.cfm?ref=I127730
Fascinating
Yes Michael, and the same point was highlighted in a letter from Lord Taverne in the Graun last week (referring to an article in the FT (firewall) reporting comment by Jean-Claude Piris former DG of the legal service of the Council of The European Union.
What’s dispiriting is that panning for such small nuggets like this, and Jolyon’s blog is a full time job when really ‘in the interests of balance’ they should be getting much greater attention. (It’s worth commenting that this would appear to answer the Lord Chief Justice’s question as to whether S50 is irreversible!)
This was covered by the House Of Lords back in May – http://www.publications.parliament.uk/pa/ld201516/ldselect/ldeucom/138/138.pdf
Bottom of page 5
Can a Member State’s decision to withdraw be reversed?
10. We asked our witnesses whether it was possible to reverse a decision to
withdraw. Both agreed that a Member State could legally reverse a decision to
withdraw from the EU at any point before the date on which the withdrawal
agreement took effect. Once the withdrawal agreement had taken effect,
however, withdrawal was final. Sir David told us: “It is absolutely clear that you cannot be forced to go through with it if you do not want to: for example,
if there is a change of Government.”10 Professor Wyatt supported this view
with the following legal analysis:
“There is nothing in the wording to say that you cannot. It is in accord
with the general aims of the Treaties that people stay in rather than rush
out of the exit door. There is also the specific provision in Article 50
to the effect that, if a State withdraws, it has to apply to rejoin de novo.
That only applies once you have left. If you could not change your mind
after a year of thinking about it, but before you had withdrawn, you
would then have to wait another year, withdraw and then apply to join
again. That just does not make sense. Analysis of the text suggests that
you are entitled to change your mind.”
I agree
You can see why the Leave camp are so frightened
Thanks, I have just been searching for information approximately this topic for a long time and yours is the best I’ve came upon till now. But, what in regards to the conclusion? Are you positive about the source?
No one can be sure
No one has ruled
Jolyon as a source is good
But he is a lawyer and not a court
But Donald Tusk clearly agrees
Which helps