Brian Christopher Jones: Wightman and How Not to Advance the Law
Wightman v Advocate General [2018] concerns whether it is legally possible to reverse an Article 50 notice given to the European Union. At first instance the Lord Ordinary refused permission … Continue reading
Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50
The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that … Continue reading
Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law?
Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia … Continue reading
Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters
In the Miller case the High Court of England and Wales did not question the parties’ common understanding that withdrawal under Article 50 cannot be revoked once triggered. However, academic … Continue reading
Francesco de Cecco: Miller, Article 50 Revocability and the Question of Control
The parties in the High Court judgement in Miller took it as a given that the notification made under Article 50 TEU is irrevocable. That view jars with the opinions … Continue reading
Aris Georgopoulos: (Un)Crossing the Rubicon: Why the Supreme Court Should Not Refer a Question Regarding the Revocability of Article 50 to the ECJ
On 3 November the High Court issued its long awaited judgement in R (Miller) v Secretary of State for Exiting the European Union which ruled that the Government does not … Continue reading
Ronan McCrea: Arguing that Article 50 Notification Is Reversible Involves Risks for the Government
Well-placed sources have reported to the Guardian that the Government’s lawyers will argue before the Supreme Court that notice triggering Article 50 can be revoked if the UK changes its … Continue reading
