Tag: Wightman
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Menelaos Markakis: A Trojan Horse in the EU? The Curious Case of the EU27+1
The EU27 have agreed to grant the extension requested by the Prime Minister, the terms of which need not be repeated here. Suffice it to say for present purposes that exit day has been moved to 31 October 2019 at the latest, subject to the proviso that an approval of the draft Withdrawal Agreement by…
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Richard Lang: Consequences of the Extension Deal: A Reply to Professor Allott
I would like to thank Professor Allott for his fascinating post, ‘Unexpected Denouement’. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run’ from Tuesday. I just wanted to be advocatus diaboli on a couple of points, although some extremely able advocates, commenting below the original post, should also be…
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Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court
Introductory Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was handed down in the same week in December. It will be argued this decision contains more of lasting constitutional significance which lies both in the…
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Dennis Dixon: Wightman and the General Interpretation of Article 50
The recent CJEU decision of Wightman v Secretary of State for Exiting the European Union [2018] 3 WLR 1965 interpreted Article 50 of the Treaty on European Union as giving the United Kingdom a unilateral right to revoke its notice of withdrawal from the EU. Academic comment has naturally turned to whether the decision was…
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Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar”
The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond. In this piece I present my initial thoughts about the ruling and its possible legal and political implications. I argue…
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Kenneth Armstrong: The Advent of Brexit – Can It Be Paused?
As each day passes, a new window seems to be thrown open exposing fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like opening an advent calendar for lawyers. On Monday 10 December, the Court of Justice of the European Union in its Wightman…
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Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?
Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A…
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Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman
The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The…