EU court rules Britain can unilaterally cancel Brexit

In this file photo taken on November 14, 2018, anti-Brexit demonstrators hold placards and wave Union and EU flags as they protest outside of the Houses of Parliament in London. (AFP photo)

The European Court of Justice (ECJ) has finally ruled that the United Kingdom can cancel a 2016 decision to leave the European Union without gaining the approval of other bloc members.

The ECJ ruling on Monday came despite assertions by the UK government and the EU that they have no intention of reversing Brexit, a process that began with London triggering the Article 50 of the Lisbon Treaty two years ago which would end with Britain’s planned departure from the EU on March 29, 2019.

However, uncertainty over a draft Brexit deal -- reached last month between the UK and the EU, and whether it could go through the British parliament -- have encouraged anti-Brexit politicians to pursue a path in the Strasbourg-based ECJ that could allow Britain to stay in the EU if the British people decide in a potential referendum to cancel Brexit.

In their Monday ruling, ECJ judges clarified Article 50 and said the “UK is free to unilaterally revoke the notification of its intention to withdraw from the EU.”   

Scottish lawmakers who had requested the clarification said the ruling was a major boost for opponents of Brexit.

“If the UK chooses to change their minds on Brexit, then revoking Article 50 is an option and the European side should make every effort to welcome the UK back with open arms,” said Alyn Smith, a Scottish nationalist member of the European Parliament.

The ruling comes just a day ahead of a planned parliamentary vote on Prime Minister Theresa May’s Brexit deal. Sources close to May’s government said Monday she was planning to postpone the vote, a move that was not related to the ECJ ruling and came because of May’s inability to win enough support for her Brexit plan.

May has time and again reiterated that a second referendum on Brexit that could allow Britain to remain in the EU was not possible. She has said the job of the government is solely to deliver on the results of a public vote on June 23, 2016 in which Britons narrowly decided for their country to leave the EU after more than 40 years of membership.


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