The Court of Justice of the European Union ("CJEU") has now ruled that a Member State is free to unilaterally revoke its notice of intention to withdraw from the European Union under Article 50 of the Treaty of the European Union (“TEU“). This decision follows the Advocate General's conclusion of last week (see post), meaning that the UK is able to unilaterally cancel its withdrawal from the EU: Judgment in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union.
The CJEU ruling confirms that the Article 50 notice can be revoked until: (a) a withdrawal agreement is concluded; or, if no withdrawal agreement is concluded (b) for as long as the two-year period from the date of notification (29 March 2019 in the case of the UK), or any possible extension, has not expired. Revocation must also be decided following a democratic process in accordance with national constitutional requirements ie UK parliamentary authorisation may be required.
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