The UK can unilaterally revoke Article 50 without EU member states’ permission, an EU legal adviser said today in a significant boost to Remainers who say it paves the way for Brexit to be cancelled.
The legal adviser at the European Court of Justice has concluded Britain would not need approval from the 27 other states to halt the process – and could retain the same membership terms.
The opinion from Advocate General Manuel Campos Sanchez-Bordona comes after months of legal wrangling – with both the EU and the UK government trying to kill the case off.
The advice suggests if the PM’s deal is voted down and the UK voted Remain in a second referendum before 29 March next year, Brexit could be stopped in its tracks.
Tory MP Dominic Grieve, who backs a second referendum, said the news was ‘clearly significant’.
‘It is certainly helpful as it removes one of the arguments that they would not allow us to change our minds,’ he said.
Hitting back at the legal advice, the PM’s spokesman said: ‘The position of the Government has always been that it will not be revoked.’
The developments came as Theresa May prepares to open the Commons debate on her Brexit deal, with defeat looking inevitable in an historic vote next week.
With the threat of a constitutional crisis mounting and the formal date for leaving the EU just months away, politicians have been desperately casting around for options.
While the Advocate General’s opinions are not binding, the court tends to follow them in its final rulings.
Theresa May (left in Downing Street today) is struggling to get her Brexit deal through the Commons, as Attorney General Geoffrey Cox (right, on his way to cabinet today) faces the threat of a contempt charge from MPs for refusing to publish his legal advice
Mrs May held a Cabinet meeting this morning as she faces the toughest week of her political career with just seven days until the crunch Brexit vote, which looks set to be defeated.
The advice piles fresh pressure on Mrs May as she faces one of the most testing days of her political career.
At home in the House of Commons, MPs will today mount an historic bid to hold Attorney General Geoffrey Cox in contempt of Parliament for refusing to publish all the legal advice given on the PM’s Brexit deal.
It comes after Mr Cox dismissed demands to publish his private legal opinion to the Cabinet – and effectively dared MPs to suspend him.
Ministers insist legal confidentiality is an important point of principle and revealing the material would hurt the national interest.
Instead they published a 40-plus page assessment of the package thrashed out with Brussels.
But MPs complained the summary legal advice released did not comply with a Commons vote last month.
In extraordinary scenes in the chamber last night, Speaker John Bercow agreed there was an ‘arguable case that a contempt has been committed’ after Tory Eurosceptics, Labour, the DUP, the SNP and Lib Dems joined forces.
But if the motion is passed today, ministers held to be responsible could in theory be suspended from Parliament.
Today’s advice from Luxembourg came after a group of British politicians brought the case.
The position was revealed in response to the question of whether an EU member state such as the UK can decide on its own to revoke Article 50.
Parliament would still need to vote for withdrawal of Article 50 – which was triggered with a big majority in 2016.
Some lawyers believe that primary legislation would need to be passed, as was the case when the Brexit process was invoked.
The opinion, which is not binding on the court, comes just a week after the case was heard at the ECJ following a referral from Scotland’s highest civil court, the Court of Session.
Government lawyers had argued the case was inadmissible as it deals with a hypothetical situation, as the Government’s policy is not to revoke Article 50.
Lawyers representing the Council of the European Union and from the European Commission argued that revocation was possible but would require unanimous agreement from all member states.
Work and Pensions Secretary Amber Rudd (left) and Brexit Secretary Stephen Barclay (right) were among the ministers at Cabinet today
But Mr Campos Sanchez-Bordona said the law ‘allows the unilateral revocation of the notification of the intention to withdraw from the EU’.
‘That possibility continues to exist until the withdrawal agreement is formally concluded,’ the court’s statement said.
To be valid, revocation must be ‘decided in accordance with the constitutional rules’ of the member state and be the subject of a ‘formal communication’ to EU leaders, the court said.
However, there was a caveat in the Advocate General’s conclusions that the used of Article 50 by member states should not ‘involve an abusive practice’ – seemingly warning against it being used tactically to seek a better Brexit deal.
Ex Bank of England Governor Mervyn King savages May’s deal
Mervyn King (file pic) slammed Theresa May for signing up to the hated backstop plan, warning it gives the EU ‘a veto on ending this state of fiefdom’
The former Governor of the Bank of England today lashed the PM’s Brexit deal – branding it the ‘worst of all worlds’.
Mervyn King slammed Theresa May for signing up to the hated backstop plan, warning it gives the EU ‘a veto on ending this state of fiefdom’.
He said the UK is confronting a ‘deep political crisis’ comparable to appeasement with Nazi Germany in the 1930s and the era of economic chaos of the 1970s.
But he warned that the political class is hopelessly failing to live up to the challenge and refusing to carry out the kind of Brexit people voted for.
In an article for Bloomberg, Lord King said: ‘The Withdrawal Agreement is less a carefully crafted diplomatic compromise and more the result of incompetence of a high order.
‘I have friends who are passionate Remainers and others who are passionate Leavers.
‘None of them believe this deal makes any sense. It is time to think again, and the first step is to reject a deal that is the worst of all worlds.’
The case was brought forward in February by a group of Scottish politicians – Labour MEPs Catherine Stihler and David Martin, Joanna Cherry MP and Alyn Smith MEP of the SNP, and Green MSPs Andy Wightman and Ross Greer, together with lawyer Jolyon Maugham QC, director of the Good Law Project.
Their request for the Court of Session to refer the question of whether Article 50 can be unilaterally revoked to the ECJ was initially refused, before that ruling was overturned on appeal.
Two attempts by the UK Government, which is contesting the case, to appeal against the referral to the European court were rejected.
In other developments in Brexit, Mrs May is set to launch a desperate appeal for MPs back her controversial divorce deal.
She is facing overwhelming opposition, with 101 mutinous Tory MPs indicating they will vote against it, while Labour, the DUP and the SNP are all vehemently opposed too.
The PM is widely expected to be defeated when the crunch vote is held on December 11 – and the question is how big and humiliating the defeat will be.
She will make yet another appearance at the Commons despatch box today to urge MPs to protect jobs and the economy by backing her deal.
Her words will kick start five days of fierce Brexit debate in the Parliament in the run up to next Tuesday’s crunch vote.
But as Mrs May continues to desperately try to pick off Tory rebels, former Bank of England Governor Mervyn King unleashed a fresh attack on her deal, branding it the ‘worst of all worlds’.
Mr King slammed Mrs May for signing up to the hated backstop plan, warning it gives the EU ‘a veto on ending this state of fiefdom’.
He said the UK is confronting a ‘deep political crisis’ comparable to appeasement with Nazi Germany in the 1930s and the era of economic chaos of the 1970s.
But he warned that the political class is hopelessly failing to live up to the challenge and refusing to carry out the kind of Brexit people voted for.
In an article for Bloomberg, Lord King said: ‘The Withdrawal Agreement is less a carefully crafted diplomatic compromise and more the result of incompetence of a high order.
‘I have friends who are passionate Remainers and others who are passionate Leavers.
‘None of them believe this deal makes any sense. It is time to think again, and the first step is to reject a deal that is the worst of all worlds.’
MPs slam ministers for refusing to release full Brexit deal legal advice as Attorney General faces being SUSPENDED from Commons – but May vows she WON’T back down
A slew of MPs condemned ministers for refusing to release the full Brexit deal legal advice today – as Theresa May vowed she will not back down.
Amid a crucial test of strength between the House of Commons and the government, Labour’s Keir Starmer warned that ministers are committing contempt of Parliament.
Tory rebels, the DUP, the SNP and Lib Dems joined the attack amid threats that Attorney General Geoffrey Cox could be suspended as a punishment.
But, as Mr Cox looked on in the chamber, Commons Leader Andrea Leadsom said the government was defending an important principle that legal advice should stay confidential.
She also insisted MPs should not take it on themselves to rule on whether there had been a contempt – arguing that ministers should have ‘due process’ of an investigation by the Privileges Committee.
Attorney General Geoffrey Cox (pictured in the Commons with Leader of the House Andrea Leadsom today) is facing the threat of suspension after refusing to disclose legal advice
There was a ray of hope for the government as some Brexiteers including Jacob Rees-Mogg declared that they would be backing the government’s amendment for a referral to the committee.
Kicking off the titanic constitutional clash in the the chamber this afternoon, Sir Keir accused ministers of ignoring a ‘binding motion’ passed by the Commons.
‘That is contempt,’ he said.
The standoff between the House and the government is thought to be unprecedented in modern times.
Ministers insist legal confidentiality is an important point of principle and revealing the material would hurt the national interest. Instead they published a 40-plus page assessment of the package thrashed out with Brussels.
But if the motion is passed today, the pressure to issue the full advice could become unbearable.