EU court may decide before Christmas if UK can unilaterally reverse Brexit

[webfact]

EU court may decide before Christmas if UK can unilaterally reverse Brexit

By Elisabeth O'Leary

 

European Union and British Union flags are seen blowing in the wind in London, Britain, March 20, 2017. REUTERS/Toby Melville/Files

 

EDINBURGH (Reuters) - Scotland's Court of Session said on Thursday it has asked the European Court of Justice (ECJ) for a preliminary ruling on whether the British parliament can change its mind about leaving the European Union without the bloc's agreement.

 

Britain's Conservative government is struggling to reach a deal with the EU on how it will leave the world's biggest trading bloc as the March 29 exit date approaches.

 

Petitioners, who represent Scottish voters, successfully argued to the Scottish court that if parliament is to vote on the government's eventual Brexit deal, it needs legal certainty on whether the process can be reversed without permission from the other 27 EU states.

 

The Court of Session has asked the Luxembourg-based ECJ, which rules on the meaning of EU law, for a preliminary ruling, the court said in a statement.

 

The British government, which has said it has no plans to reverse Brexit and therefore does not need to know, said it was disappointed by the decision.

 

"We are giving it careful consideration," a government spokeswoman said. "But as the government has repeatedly said, we are committed to implementing the result of the referendum and will not be revoking Article 50."

 

The Article 50 withdrawal clause in the EU's Lisbon Treaty can be reversed with the permission of the other 27 EU members.

 

But it does not specify whether the exit process can be unilaterally reversed, although former British diplomat Lord Kerr who drafted it has said Britain can change its mind at any stage before the final exit date in 2019.

 

Scottish lawmakers opposed to Brexit filed a petition to the Court of Session, Scotland's highest court, last year.

 

They represent electoral areas in Scotland which voted strongly to remain in the EU in the June 2016 referendum. The United Kingdom as a whole voted to leave.

 

The Scottish National Party, the strongest political party north of the border, has opposed leaving the bloc.

 

Given the urgency of the Brexit deadline the ECJ hopes to make a decision on the case before Christmas, sources close to the case told Reuters.

 

The government could in theory have presented an appeal to this stage of the process, but have not done so.

 

"This ship sailed yesterday - when the reference was sent to Luxembourg - and the government wasn't on it," Jo Maugham, a lawyer who is funding the Scottish lawmakers, said on Twitter.

 

"We believe it's now too late."

 

The Scottish petitioners argue that legal certainty about the process is needed in advance of any British parliamentary vote on an EU withdrawal deal because no country has ever before withdrawn from the European Union.

 

Brexit supporters say that after the vote to leave, any attempt to halt the process would be anti-democratic. But opponents say the country should have a right to pass final judgement on any exit deal negotiated, and the Scottish challenge is one of the most robust legal challenges to it so far.

 

(Reporting by Elisabeth O'Leary. Editing by Stephen Addison and Angus MacSwan)

2018-10-05

 

-- © Copyright Reuters

[Enoon]

 

Here it comes!

 

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[Phuket Man]

We can only hope that this disastrous attempt to ruin the UK is reversed and we stay in Europe.

[RichardColeman]

1 hour ago, Phuket Man said:

We can only hope that this disastrous attempt to ruin the UK is reversed and we stay in Europe.

You lost - get over it and on with it

[Esso49]

1 hour ago, Phuket Man said:

We can only hope that this disastrous attempt to ruin the UK is reversed and we stay in Europe.

Well there are many things wrong with Europe now and they have serious problems.  But it was disappointing that Brexit occurred because running away from a problem is very un-British, especially where Europe is concerned. 

 

You can not  change anything if on the outside so let's hope something drastic happens at the last minute so the UK remains within Europe. Just think,  how many billions the Soros's of the world will make if that does happen with GBP value jumping ? Maybe that's Teresa May's cunning plan all along ?

Edited October 5, 2018 by Esso49

[RichardColeman]

10 minutes ago, Esso49 said:

You can not  change anything if on the outside so let's hope something drastic happens at the last minute so the UK remains within Europe.

YOu could always move to Europe before Brexit if you would be more happy there

[brewsterbudgen]

YOu could always move to Europe before Brexit if you would be more happy there

Has it been established that UK passport holders will be able to continue to live legally in an EU country, after Brexit?

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

[stag4]

They can decide what they like, after 29th March we are out.

[Esso49]

1 hour ago, RichardColeman said:

YOu could always move to Europe before Brexit if you would be more happy there

And such a statement that is totally irrelevant to the philosophy of being in or out of Europe perhaps explains, by example, the level of understanding some people had when they voted to leave

[terryw]

It has been said on various news programmes recently (Sky, Politics Today etc.) that leaving the EU on March 29th is irreversible, unless the UK government decides to temporarily request a halt to the Article 50 process.

 

Leaving the EU is now UK law. There is no legislation before Parliament that can stop Brexit and the legislative timetable is controlled by the Government.

 

Remoaners should get over their loss and get on with life.

[Retiredandhappyhere]

2 hours ago, Esso49 said:

Well there are many things wrong with Europe now and they have serious problems.  But it was disappointing that Brexit occurred because running away from a problem is very un-British, especially where Europe is concerned. 

 

You can not  change anything if on the outside so let's hope something drastic happens at the last minute so the UK remains within Europe. Just think,  how many billions the Soros's of the world will make if that does happen with GBP value jumping ? Maybe that's Teresa May's cunning plan all along ?

With 28 nations involved in this club, the UK tried many times, including David Cameron's last-ditch efforts prior to the referendum, to change things in the EU and we know how successful that attempt was.   We are "running away" from the EU because the EU is the problem.

[vogie]

1 hour ago, Esso49 said:

And such a statement that is totally irrelevant to the philosophy of being in or out of Europe perhaps explains, by example, the level of understanding some people had when they voted to leave

We will always be in Europe, it is the EU we are leaving.

[Andrew65]

2 hours ago, brewsterbudgen said:

Has it been established that UK passport holders will be able to continue to live legally in an EU country, after Brexit?

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app
 

Has it been decided if EU citizens can continue to live in the UK? I think they outnumber Brits living in Europe by a factor of 3 to 1.

 

Apparently the British gvt said EU people could stay right from the start. To my mind, something they gave away for nothing in their negotiations (maybe even if they really intend to do this anyway, not to have let on).

[Bangkok Barry]

1 hour ago, Esso49 said:

And such a statement that is totally irrelevant to the philosophy of being in or out of Europe perhaps explains, by example, the level of understanding some people had when they voted to leave

 

It's tragic that many voted Leave to stem the number of immigrants to the UK when the vast majority of immigrants, in fact, come from Asia. A report showed that those Asians (from India, Pakistan mostly) are a net drain on the country as many can't speak English and do not work, while those from the EU benefit the country by working and paying taxes. So, so many voted from ignorance.

[Esso49]

19 minutes ago, vogie said:

We will always be in Europe, it is the EU we are leaving.

I think most people on here understand exactly what I meant and also how it is commonly referred to in the UK media.

[vogie]

6 minutes ago, Esso49 said:

I think most people on here understand exactly what I meant and also how it is commonly referred to in the UK media.

Everybody but you it seems.????

[Esso49]

12 minutes ago, Bangkok Barry said:

 

It's tragic that many voted Leave to stem the number of immigrants to the UK when the vast majority of immigrants, in fact, come from Asia. A report showed that those Asians (from India, Pakistan mostly) are a net drain on the country as many can't speak English and do not work, while those from the EU benefit the country by working and paying taxes. So, so many voted from ignorance.

I think you are correct. That was indeed one of the influences when I considered leaving the UK many many years ago. With the exception of seasonal migrant workers in agriculture most immigrants, either way, are generally skilled or professional workers which due to their ideals benefit both the UK and also Europe. Unfortunately try explaining that to perhaps an out of work people who voted for Brexit from Luton, Bradford or Leicester by way of example. It is undertstandable why perhaps they have become disaffected given the high immigrant population in those areas, nothing to do with the influx from Europe, but that will not go away by leaving the EU. More likely even increase to some extent.

Edited October 5, 2018 by Esso49

[Guest]

1 hour ago, vogie said:

We will always be in Europe, it is the EU we are leaving.

Just to make sure everybody understands the difference what Brexit does. Let's start calling UK as little USA from now on. Our neighbour, which mentally became USA, but is still just a little hop away. ???? 

[vogie]

4 minutes ago, oilinki said:

Just to make sure everybody understands the difference what Brexit does. Let's start calling UK as little USA from now on. Our neighbour, which mentally became USA, but is still just a little hop away. ???? 

That's fine by me, I would like to say that the USA has done us more favours than than the Jolly Boys club, but that would be controvertial, infact there wouldn't be an EU without the help of the USA.

[melvinmelvin]

3 hours ago, brewsterbudgen said:

Has it been established that UK passport holders will be able to continue to live legally in an EU country, after Brexit?

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app
 

 

not formally, yet

 

[puck2]

2 hours ago, Retiredandhappyhere said:

With 28 nations involved in this club, the UK tried many times, including David Cameron's last-ditch efforts prior to the referendum, to change things in the EU and we know how successful that attempt was.   We are "running away" from the EU because the EU is the problem.

 

Brexiteers seem to claim all UK problems are solved after leaving the EU.

Then good luck by solving your own problems. Oh sorry, I forgot there are none.

 

[vogie]

16 minutes ago, puck2 said:

 

Brexiteers seem to claim all UK problems are solved after leaving the EU.

Then good luck by solving your own problems. Oh sorry, I forgot there are none.

 

You don't think Juncker is a problem, he has problems standing up, and having his fellow statesmen to hold him up is a disgrace and a total embarrassment, are you sure there are "none"

[Baerboxer]

Scotland is part of the UK. The UK is the sovereign state and member of the EU. Scotland is not a sovereign nation nor a member of the EU.

 

The EU court should ignore this request.

[Baerboxer]

1 hour ago, oilinki said:

Just to make sure everybody understands the difference what Brexit does. Let's start calling UK as little USA from now on. Our neighbour, which mentally became USA, but is still just a little hop away. ???? 

 

Ironic really. Without the US and UK your country would be under Soviet or Nazi rule. 

 

How quick gratitude changes to jealousy, envy and prejudice.

[Jip99]

8 minutes ago, Baerboxer said:

 

Ironic really. Without the US and UK your country would be under Soviet or Nazi rule. 

 

How quick gratitude changes to jealousy, envy and prejudice.

 

 

We paid our dues on that one.

 

 

The gratitude is evidenced by “the special relationship “ ever since.

 

 

Several parts of Europe have forgotten how to show gratitude.

[melvinmelvin]

24 minutes ago, Baerboxer said:

Scotland is part of the UK. The UK is the sovereign state and member of the EU. Scotland is not a sovereign nation nor a member of the EU.

 

The EU court should ignore this request.

 

true democrats popping up here and there

 

[puck2]

3 hours ago, terryw said:

It has been said on various news programmes recently (Sky, Politics Today etc.) that leaving the EU on March 29th is irreversible, unless the UK government decides to temporarily request a halt to the Article 50 process.

 

Leaving the EU is now UK law. There is no legislation before Parliament that can stop Brexit and the legislative timetable is controlled by the Government.

 

Remoaners should get over their loss and get on with life.

 

If I remember correctly, Sky is in the hands of Murdoch (although he tried unsuccessfully to control it by 100%). Murdoch provokes the connotation to (US) Fox, … ehm a very reputable channel, best know for alternative facts ...... to say it very politely.

 

Now I read here again from Brexiteers with a Murdoch-defect. The subject is …...if UK can unilaterally reverse Brexit.

 

The UK told the EU on 29.03.2017 we will leave you (after 2 years as regulated by EU law). If the UK doesn't reverse it, the Brexit works as stipulated by the EU law. Then Brexit is Brexit. None of the 27 EU members will be asked to agree. The wish of the British government cannot be opposed by the other EU members.

 

But that's not the issue here. The subjects is „unilaterally reverse“ the Brexit. You even didn't understand the headline! To explain it to the highly informed Brexiteers: If the UK suddenly revokes its Brexit decision of 29.03.2017, then all the other members (27) of the EU have to agree.

 

And exactly that is very important to know before  there should be another referendum. It would be idiotic if any EU member would like to jump out and in as a goat jumping over a small creek.

Edited October 5, 2018 by puck2

[puck2]

1 hour ago, vogie said:

You don't think Juncker is a problem, he has problems standing up, and having his fellow statesmen to hold him up is a disgrace and a total embarrassment, are you sure there are "none"

Then please some details (if you are able to deliver by your own words and not quoting "The Sun".

[vogie]

2 minutes ago, puck2 said:

Then please some details (if you are able to deliver by your own words and not quoting "The Sun".

Will this do, or are you so naive or in denial.

 

 

[Bundooman]

7 hours ago, Phuket Man said:

We can only hope that this disastrous attempt to ruin the UK is reversed and we stay in Europe.

And If only we could turn the clock back with hindsight and say:

 

We can only hope that this disastrous attempt to ruin the UK is reversed and we can kick Harold Wilson out.

We can only hope that this disastrous attempt to ruin the UK is reversed and we can get rid of Neil Kinnock.

We can only hope that this disastrous attempt to ruin the UK is reversed and we obliterate Tony Bair.

We can only hope that this disastrous attempt to ruin the UK is reversed and we can get rid of Gordon brown.

 

But hey!

 

The democratic vote could not be overturned - could it? I had to put up with the <deleted> these worthless cretins imposed on the once GB for years.

I don't remember once anyone saying "we need to overturn this disastrous vote...……

 

Except now, when the same legal result of a national vote doesn't agree with your strong democratic views, eh?