|Author (Corporate)||Court of Justice of the European Union|
The Court of Justice of the European Union was asked by different stakeholders in the United Kingdom whether a Member State which has notified the European Council of its intention to withdraw from the European Union in accordance with Article 50 TEU may unilaterally revoke that notification and, if so, subject to what conditions.
The Court's Advocate General issued a non-binding Opinion on 4 December 2018 stating that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU. On 10 December, the Court of Justice issued a judgement confirming the considerations put forward by the Advocate General.
A cross-party group of politicians and campaigners initially took the case to the Court of Session in Edinburgh, which ultimately agreed to pass it to the European Court of Justice (ECJ). Two attempts by the UK Government to appeal against the referral were rejected, and at a hearing both the UK Government and the EU institutions opposed this case.
The Advocate General considers that Article 50 can be unilaterally revoked until such time as the withdrawal agreement is formally concluded. However, that possibility of unilateral revocation is subject to certain conditions and limits. The revocation must be decided upon in accordance with the Member State's constitutional requirements, it must be formally notified to the European Council and must not involve an abusive practice.
On 10 December, the Court of Justice's judgement confirmed that such a revocation, decided in accordance with the UK's own national constituional requirements, would have the effect that the United Kingdom remained in the European Union under terms that are unchanged as regards its status as a Member State.
|Subject Tags||Brexit, Court of Justice of the European Union|
|Keywords||Article 50 TEU, CJEU Judgements
|Countries / Regions||United Kingdom|
|International Organisations||European Union [EU]|