Shall we stay or shall we go?

The European Court of Justice has this morning handed down its judgment confirming that the UK can unilaterally reverse its Article 50 notice.

The European Court of Justice (“ECJ”) has this morning handed down its judgment confirming that the UK can unilaterally reverse its Article 50 notice, meaning that Brexit can be halted without ratification from the other 27 member states. The ECJ held that any revocation of Article 50 must be decided following a democratic process in accordance with national constitutional requirements – meaning a UK parliamentary vote. The judgment has been delivered at a crucial time, just one day before the parliamentary 'meaningful vote' on the withdrawal agreement. Quite whether this judgment will sway UK politicians one way or another is yet to be seen.

And, to add to a week of judgments, the UK Supreme Court have confirmed that they will be handing down their judgment on Thursday 13 December 2018 in relation to the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (“the Bill”). The question to be determined by the Supreme Court is whether the devolved Scottish parliament has authority to legislate for Brexit or, alternatively, whether the Bill is ultra vires.

One thing is certain, both parliament and the country remain divided over the issue of Brexit.

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