COPY LINK

BREXIT

UK can cancel Brexit before March 29th without EU’s consent, ECJ rules

A new option has become available to the UK in the Brexit process as the European Court of Justice ruled that revoking Article 50 unilaterally is a possibility.

Published: 10 December 2018 18:10 CET

UK can cancel Brexit before March 29th without EU’s consent, ECJ rules

File Photo: Justin Tallis/AFP.

The European Court of Justice (ECJ) has judged that the UK is free, should the government choose to, to “revoke unilaterally” its notification to withdraw from the European Union.

The judicial review was lodged in the EU’s Court of Session, First Division in Scotland by a cross-section of lawyers, MPs and MEPs from the UK Parliament, the Scottish Parliament and the European Parliament.

The judicial review was led by the Good Law Project, whose director Jolyon Maugham QC released a statement calling the ECJ’s decision “arguably the most important case in modern domestic legal history.” The Good Law Project was not supported by Labour or the Conservatives: “The tiny Good Law Project and six brave Scottish Parliamentarians have taken on the Government, the other 27 Member States and the Commission – and won,” added the statement.

The review was lodged in 2017 “to determine whether the notification referred to in Article 50 can be revoked unilaterally before the expiry of the two-year period, with the effect that such revocation would result in the United Kingdom remaining in the EU,” clarifies a press statement by the ECJ on Monday December 10th.

#ECJ: UK is free to unilaterally revoke the notification of its intention to withdraw from the EU – Case C-621/18 Wightman #Brexit pic.twitter.com/KUOI2eQ48C

— EU Court of Justice (@EUCourtPress) December 10, 2018

The option to revoke the withdrawal notification “exists for as long as the withdrawal agreement concluded between the EU and that Member State has not entered into force,” or, in the case of no ratified agreement, before the expiry of the two-year notification period from the date Article 50 was activated.

A huge victory for #Scottish parliamentarians & #Scottish courts. #Art50 can be unilaterally revoked. Thanks frm me @AlynSmith @andywightman @Ross_Greer @C_Stihler_MEP @davidmartinmep @JolyonMaugham to all who supported us #Brexit #ScottishCase #PeoplesVote https://t.co/Q1C4XQAajL

— Joanna Cherry QC MP (@joannaccherry) December 10, 2018

The UK notified the EU of its desire to exit the bloc by activating Article 50 on March 29th 2017 and would therefore be free, should the draft exit agreement not be ratified by the UK Parliament and the European Parliament, to revoke its notification to leave before March 29th 2019.

British Prime Minister Theresa May is still keen to go ahead with the UK’s departure as her embattled government faces a decisive vote in the UK Parliament tomorrow that could well decide the direction the Brexit process could take. UK and EU negotiators have agreed on a draft Brexit agreement that would settle certain issues related to the future relationship, including on trade, the reciprocal rights of citizens and certain issues of regulation.

Many observers, however, believe PM May will face a humiliating defeat in Parliament on Tuesday, December 11th, when MPs vote on that deal. This could force May to either seek a renegotiation with the EU or to request an extension to the Article 50 period beyond March next year. Worse still for her, the decision could contribute to the possibility of a vote of no-confidence in her leadership or a general election.
Should a UK government decide to revoke Article 50, the UK’s EU membership would be confirmed and its status as a Member State would remain unchanged. The withdrawal process, in such a scenario, would be brought to an end, the ECJ further clarified.

The UK’s Parliament is notoriously divided on the issue of Brexit and the news that the whole process could be cancelled with a few strokes of a pen will no doubt encourage those seeking a People’s Vote, a second referendum on the UK's exit from the European Union.

MPs in favour of the UK remaining in the EU welcomed the ECJ’s clarification. “A simple way out of the Brexit chaos is available,” tweeted Richard Corbett, leader of the Labour MEPs. “This is hugely important. We can now stop Brexit quickly, with no loss of existing rights & benefits,” commented Labour Peer Andrew Adonis.

This is hugely important. We can now stop Brexit quickly, with no loss of existing rights & benefits. We just need the people’s vote https://t.co/q0X7XxKqXP

— Andrew Adonis (@Andrew_Adonis) December 10, 2018

The First Minister of Scotland Nicola Sturgeon suggested an extension of Article 50 to allow time for another referendum, followed by a revocation, are options “now available to the House of Commons.”

Member comments

Become a Member to leave a comment.

INTERVIEW: 'A lot of people think Brexit is done, but it's not for Brits in Europe'

In the early days of 2021, after the United Kingdom had left the EU and completed the final stage of Brexit, many British citizens returned to their home countries in Europe only to face a grilling at the border.

Though the Withdrawal Agreement (WA) technically guaranteed their right to live and work in the countries they’d settled in before Brexit, there was widespread confusion about these fundamental rights and many were treated like new arrivals.

Over time, the chaos at the airports subsided as border officials and airlines were given clearer guidance on the treatment of Brits. But three years later, a number of Brits who live on the continent still face problems when it comes to proving their post-Brexit rights.

This was the reason campaign group British in Europe decided to set up their new EU-funded ICE project. Starting this year in March, it aims to build valuable connections between UK citizens abroad and mentor the next generation of civil rights advocates around the continent. The acronym stands for ‘Inform, Empower, Connect’ and the project’s organisers describe it as “the first project of its kind”.

“It’s a completely innovative project – especially the fact that it’s across so many countries,” Jane Golding, chair of British in Europe and one of the project’s founders, told The Local.

Bringing together groups from 11 EU member states, the project aims to train up volunteers to understand both the Withdrawal Agreement and EU Charter of Fundamental Rights, as well as learning skills like advocacy and communication, using real-life civil rights cases that are referred to British in Europe.

“The ultimate goal is to amplify the messages across the wider group,” said Golding. “You start with the volunteers, they go back to their groups, then the people that we train, they go back and train people. Then they pass on that knowledge to the wider groups, on their Facebook accounts and through social media, and hopefully it all snowballs, not just in their countries but across the EU.”

‘Far-reaching repercussions’

So many years after Brexit, it’s hard to believe that there’s still a need for a project like ICE that empowers Brits to protect their rights. Indeed, the future of groups like British in Europe and regional groups like British in Germany and British in Spain felt uncertain just a year or two ago.

But Golding says there are still serious issues cropping up for Brits in several countries around Europe – they just have a different quality to the problems that arose at the start.

“In some ways it’s needed even more because as we predicted right at the beginning, at the first stage of implementation, you’ve got the more routine cases,” she explained.

“What we’re seeing now is not as many cases, but when the cases come up, they’re complex. They can have such far-reaching repercussions on people’s lives. And of course, memories start to fade. A lot of people think Brexit is already done, but it’s not.”

Volunteers in British in Europe ICE project

The volunteers of the British in Europe ICE project pose for a photo at the kick-off meeting in Brussels on May 21st, 2024. Photo courtesy of Jane Golding

Though the rights set out in the Withdrawal Agreement apply across the continent, different countries have taken different approaches to implementing them.

That means that while in Germany, for example, UK citizens simply had to declare that they lived in the country, people in neighbouring Denmark had to apply for their rights.

This led to a notorious situation in Denmark in which as many as 2,000 Brits were threatened with deportation after not applying in time or completing the right application process. According to Golding, this had a lot to do with the fact that people who arrived in 2020 weren’t given the same information as other UK migrants who arrived before.

In Sweden, meanwhile, the situation is still difficult for many Brits who lived there prior to Brexit.

“There have been issues with an anomalously high numbers of refusals compared to other countries, and they seem to be taking a very strict approach on late applications,” Golding explained.

Portugal has been another difficult case. Although the country opted for a declaratory system where Brits could simply exchange old residence documents for a new ID card after Brexit, reports suggest that the authorities have taken years to issue these cards, leaving many of the some 34,000 Brits in the country in limbo.

“While people are still waiting to have their status confirmed and have their card in their hand, it’s difficult to access a whole range of services, like health services, or applying for jobs or dealing with the authorities, or even going to the bank,” Golding said. “All of these problems just affect people’s lives.”

A French border guard checks a passport at the border

A French border guard checks a passport at the border. Photo by DENIS CHARLET / AFP

There are also concerns about the EU’s new exit and entry system (EES), due to come into force in October, which is based on biometric documentation.

“We still do not have clear data on how many people in declaratory countries like Germany, where it wasn’t compulsory to apply for the card, don’t actually have a card,” Golding said. “How is that going to play out if it’s a document-based digitalised system?”

A lack of support

In the immediate aftermath of Brexit, funding from the UK’s Foreign, Commonwealth and Development Office (FCDO) was still available to support NGOs in Europe helping Brits with their migration and civil rights issues. But that temporary funding soon expired, leaving groups like British in Europe largely on their own.

“The whole point is people’s lives change at very different paces,” Golding said. “And now this project is really going to start to pick up some of those cases and report on those issues, which is really crucial and exciting for the precedent that it sets, and it’s very clearly necessary still, because people don’t just sort their lives in the 18 months that the FCDO chose to supply that funding.”

This feeling of being left alone and increasingly isolated from the UK is one that many Brits in Europe have felt in the aftermath of Brexit. But the upcoming UK election on July 4th could be a game-changer.

This time, following a change in the law, Brits who have lived abroad for more than 15 years will be able to vote for the first time.

Polling station in the UK

A polling station in the UK. Photo by Elliott Stallion on Unsplash

When it comes to the election, the message from British in Europe is clear: “Make your voice count now, make your vote count, make sure you use it,” Golding said.

With the June 18th registration deadline fast approaching, BiE is advising UK citizens abroad to apply for a proxy vote as soon as possible, rather than relying on a postal vote from abroad. Since the 15-year rule was abolished on January 16th, more than 100,000 British citizens have registered to vote, according to official statistics. It is unclear how many were registered before the change in the law.

With an estimated 5.5 million Brits currently living abroad – 1.3 million of whom are in the EU – this could have a significant impact on the electoral landscape, Golding says. But most significantly, the change is creating a feeling of connection and belonging that wasn’t there before.

Nurturing this sense of belonging is one of the main goals of ICE.

With these bridges being built, British in Europe hopes to create a network of support that spans across borders.

“Now we’ve met. We’re going to meet,” said Golding. “We know we’re going to meet again in Berlin in October and then we’ll meet again in the new year in 2025 as well. It means a huge amount because even British in Europe, our steering team, we’ve only met physically three times.”

This opens up the possibility of people sharing their knowledge from country to country, Golding explained.

“There is crossover and the reassurance of having that EU wide view and knowing that you’re not alone and knowing that in this country, we managed to get this solution,” she said. “And then you can go back and say to the authorities in your country, well, in that country they did that – all of that helps. It’s really good.”

SHOW COMMENTS

Url copied to clipboard!