UK can unilaterally reverse Brexit, EU top court told

Britain can unilaterally reverse its decision to leave the EU,
Europe’s top court was told on Tuesday at an urgent hearing in a
case supporters of membership hope could pave the way to a second
referendum and ultimately stop Brexit.

Lawyers for a group of Scottish politicians want the European
Court of Justice (ECJ) to interpret whether Britain can revoke its
notice to withdraw from the EU under Article 50 of the Lisbon
Treaty without agreement of the other 27 states.

Britain is due to exit the world’s biggest trading bloc on March
29 but it remains unclear whether British Prime Minister Theresa
May’s draft divorce deal agreed with the EU on Sunday will be
passed by parliament on Dec. 11.

Aidan O’Neill, lawyer for the Scottish politicians told a
hearing of a full court of Luxembourg justices, who have expedited
the case because of its urgency, said all parties agreed that
Article 50 could be revoked.

However, he said the European Commission and Council of the
European Union argued that it could only be done with the unanimous
agreement of the other 27 EU states.

The British government has fought to stop the ECJ even hearing
the case, saying it is hypothetical and irrelevant because
ministers have no intention of reversing Brexit.

May has also consistently ruled out a second referendum.

“The petitioners’ case is that it’s fundamental to the treaties
and values of the EU that a member state can revoke a withdrawal
notice from the EU without agreement of all other council states,”
O’Neill said.

O’Neill told the court those behind the case needed to know what
their options were before imminent legislative votes.

May has warned if her deal is not passed by UK lawmakers,
Britain could leave without a deal or that there could be no Brexit
at all.

That latter statement has given added significance to the
outcome of Tuesday’s case at the ECJ – whose supremacy over UK
legal matters May has cited as one reason to leave the EU.

If the ECJ concludes Britain can unilaterally reverse Brexit, it
could give British lawmakers (MPs) a third viable option as an
alternative to May’s deal or what ministers describe as a chaotic
no deal scenario – staying in the bloc after another
referendum.

Article 50 states that if a state decides to withdraw, it has
two years to agree an exit deal with the remaining 27 EU members,
although this process can be extended if the European Council
unanimously agrees.

There is no mention of whether a state can change its mind. No
other member state has ever left the 60-year-old bloc.

Joanna Cherry, a Scottish National Party lawmaker, who is one of
the group behind the case, said May was trying to blackmail
lawmakers into backing her deal by implying the only alternative
was no deal.

It is not clear when the ECJ will give its ruling but Cherry was
optimistic it would come before British lawmakers vote on the
deal.

However, U.S. President, Donald Trump, said on Monday the
agreement allowing the United Kingdom to leave the EU may make
trade between Washington and London more difficult, but the UK
prime minister’s office disputed his interpretation.

Trump told reporters outside the White House that the deal
sounded like it would be good for the EU, but “I think we have to
take a look seriously whether or not the UK is allowed to
trade.

“Because right now if you look at the deal, they may not be able
to trade with us,” he said. “And that wouldn’t be a good thing. I
don’t think they meant that.”

He said he hoped May would be able to address the problem, but
he did not specify which provision of the deal he was concerned
about.

A spokeswoman for May’s office said the agreement struck with
the EU allowed the UK to sign trade deals with countries throughout
the world, including with the U.S.

“We have already been laying the groundwork for an ambitious
agreement with the U.S. through our joint working groups, which
have met five times so far,” the spokeswoman said.

Under the deal secured with EU leaders on Sunday, the UK will
leave the bloc in March with continued close trade ties.

But the odds look stacked against May getting it approved by a
divided British parliament.

(Reuters/NAN)

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