ECJ rules UK can unilaterally cancel Brexit
Commenting on the ECJ decision in C-621/18 Wightman and others, Rob Murray, a Partner at law firm Mishcon de Reya which led the Article 50 Legal Challenge for Gina Miller in 2016 – in which the Supreme Court decided that the Government could only trigger Article 50 after an Act of Parliament had been passed - said:
"In C-621/18 Wightman and others, the Full Court of the European Court of Justice has confirmed this morning that the UK is able to withdraw from the Brexit process unilaterally and without consent from the EU. From a political perspective, this means that "no Brexit" is a legal option for Parliament to consider alongside "deal" or "no deal". Critically, as clarified by the Miller decision, an Act of Parliament would be necessary to reverse the notification of intention to withdraw.
"The Court held that (1) provided a concluded withdrawal agreement is not in force, or the two year withdrawal period has not expired, a Member State retains the ability to revoke unilaterally the notification of its intention to withdraw from the European Union, in accordance with its constitutional requirements (for the UK, an Act of Parliament); and (2) the revocation must be in writing, unequivocal and unconditional and brings the withdrawal procedure to an end."
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