Britain can unilaterally cancel Brexit, EU Court advisor says
The UK can unilaterally cancel Brexit, the advocate general to the court of justice of the EU, Europe’s highest court, advised this morning, according to The Guardian.
The advocate general, Manuel Campos Sánchez-Bordona, said that the UK can cancel its article 50 notice unilaterally. This means that if our own parliament decides that our interests are best served by remaining, the EU cannot stand in our way.
His decision is not certain to be followed by the full court – which has yet to announce when it will give its judgment – but courts follow their advocate general in the overwhelming majority of cases. And if it does here, we are much more likely to stay in the EU.
Article 50 is silent about whether a member state that had decided to leave can change its mind. And the issue had been shrouded in doubt since Gina Miller’s barrister told the supreme court it could not be done. But this morning the advocate general disagreed.
The opinion also clears the legislative path to remaining. One option is for MPs to just cancel the article 50 notice without a further referendum. That is a course the advocate general has recognised is open to parliament. And the 2016 referendum parliament enacted was only advisory, after all.
Faced with that choice today MPs would undoubtedly reject it. But the European Research Group’s failure to gather the 48 letters to start a Conservative leadership context proves just how little support there is in parliament for a no-deal Brexit.