Connect with us


Theresa May has power to reverse Brexit says EU’s law chief



Theresa May Brexit dealGetty

LONDON — The EU’s law chief has advised that the UK should
unilaterally be able to reverse Brexit in what could prove to be
a landmark legal case.

On Tuesday, the European Court of Justice’s Advocate General
Campos Sanchez-Bordona proposed that the ECJ should declare that
Article 50 — the legal mechanism which kickstarted Brexit —
allows the “unilateral revocation” of a member state’s intention
to withdraw from the EU.

The court case was referred to the ECJ by Edinburgh’s Court
of Session in September after a legal case was brought by a group
of anti-Brexit Scottish politicians. 

The court case argues that Article 50, which triggered the UK’s
EU withdrawal process in March 2017, can be revoked without the
agreement of the other 27 European member states.

Handing May’s government the unilateral power to reverse Article
50 would allow the UK to retain the perks of its current
membership including the economic rebate that Margaret Thatcher
negotiated in 1984 and the UK’s opt-out from the Euro. These
would potentially be lost were Britain forced to seek the
approval of the rest of the EU to reverse Brexit.

Gunther Oettinger, the EU’s Budget Commissioner has previously
stated that under those circumstances “the gradual exit from the
rebate would still be kept.”

Jolyon Maugham told BI in October that having the power to
unilaterally reverse Brexit “sweetens the option of remaining”
for the UK government.

“Plainly it is better for the country if we can unilaterally
revoke the Article 50 notice,” Maugham added. “In that
circumstance, we know that we could treat Brexit as though it was
all just a bad dream.”

Michel Barnier, the EU’s chief Brexit negotiator, has previously
said that the EU27 would need to provide their consent to reverse
the Brexit process. In that scenario, should the government seek
in future to remain in the EU, it could lose the perks of
membership it currently enjoys.

Our Brexit Insider Facebook group is the best place for up-to-date news and analysis about Britain’s departure from the EU, direct from Business Insider’s political reporters. Join here.

Continue Reading
Advertisement Find your dream job