The European Court of Justice has released a provisional opinion (HERE) drafted by the Advocate General, the Court's legal advisor, that Article 50 can be unilaterally revoked before the two year period is up. This hands parliament and the government (if it would only realise it) another powerful option. It absolutely reinforces the notion that there is no need for us to crash out without a deal. The government has it in its power to stop it.
The advocate General's actual written statement is:
“When a Member State has notified the European Council of its intention to withdraw from the European Union, Article 50 of the Treaty on European Union allows the unilateral revocation of that notification, until such time as the withdrawal agreement is formally concluded, provided that the revocation has been decided upon in accordance with the Member State’s constitutional requirements, is formally notified to the European Council and does not involve an abusive practice.“
The ruling is only a provisional one but the final ruling, expected before Christmas, is not anticipated to be different. The Court agrees with the advisor's ruling in 80% of cases.
Jolyon Maughan QC, who as championed this case for months has tweeted:
Here's a statement from me on the Advocate General's Opinion in the Article 50 case, in which I am a petitioner. pic.twitter.com/WkOKWqlDB7— Jo Maugham QC (@JolyonMaugham) December 4, 2018
