Britain can legally cancel Brexit. That’s EU advice – but will parliament agree?

By | December 4, 2018

Jolyon Maugham writes:

We can cancel Brexit. That’s what the advocate general to the court of justice of the EU, Europe’s highest court, advised this morning.

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. [Continue reading…]

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