ARTICLE · 07 DECEMBER 2018

Brexit: Could The UK Really Unilaterally Revoke Its Article 50 Notification?

Squire Patton Boggs LLP

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In an Opinion released today Advocate General Campos Sánchez-Bordona has proposed that the Court of Justice should declare that Article 50 TEU allows for the unilateral revocation of a notification...

European UnionGovernment, Public Sector

In an Opinion released today Advocate General Campos Sánchez-Bordona has proposed that the Court of Justice should declare that Article 50 TEU allows for the unilateral revocation of a notification by a Member State of an intention to withdraw from the EU.

The Advocate General's Opinion is not binding on the Court of Justice. Many expect the Court will give an expedited ruling on the matter before Christmas but there is currently no certainty that it will do so at the current time. In 80% of cases the Court will follow the Opinion of the Advocate General unless there is a clear reason to disagree (which cannot be ruled out in the present case) but in the meantime there will be a period of legal uncertainty during which it is entirely possible that the UK Parliament's view of the available options could differ from the Her Majesty's government's and the EU's.

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