Satsuma wrote:
Cras wrote:
They have confirmed we can cancel it unilaterally if we demonstrate that we no longer wish to leave. Specifically to avoid the scenario you state.
I’m not sure where you’ve got that bit in italics from or what it means. Can you elaborate?
Far as I’m aware as long as the government comply with our own internal constitutional stuff we can revoke Article 50. Nothing more, nothing less. Unless that’s what you meant?
From
the judgment (emphasis mine):
Quote:
In view of all the foregoing, the answer to the question referred is that Article 50 TEU must be interpreted as meaning that, where a Member State has notified the European Council, in accordance with that article, of its intention to withdraw from the European Union, that article allows that Member State — for as long as a withdrawal agreement concluded between that Member State and the European Union has not entered into force or, if no such agreement has been concluded, for as long as the two-year period laid down in Article 50(3) TEU, possibly extended in accordance with that paragraph, has not expired — to revoke that notification unilaterally, in an unequivocal and unconditional manner, by a notice addressed to the European Council in writing, after the Member State concerned has taken the revocation decision in accordance with its constitutional requirements. The purpose of that revocation is to confirm the EU membership of the Member State concerned under terms that are unchanged as regards its status as a Member State, and that revocation brings the withdrawal procedure to an end.
The government cannot just say "we revoke notice to buy time." There has to be a "revocation decision" eg. Parliament passes an Act declaring we are done with Brexit, or a second referendum favours remaining in the EU. That's what Craster means.
You might argue this is a vague clause that could create a future headache for the ECJ as it struggles to define what "constitutional requirements" are in the event of the UK saying we really are withdrawing A50 notification it and the EU saying we haven't met the clause so we can't. Lots of legal experts have said so. But this wording is where we stand right now.