Lord sends big U-turn question to Euro court
BY KATRINA BUSSEY SCOTLAND’S most senior judge has asked for the European Court to say whether the UK can do a U-turn on leaving the EU.
Lord Carloway’s decision overturns an earlier ruling that the question could not be referred to Luxembourg because it was “hypothetical”.
He stated: “It seems neither academic nor premature to ask whether it is legally competent to revoke the notification and thus to remain in the EU.
“The matter is uncertain in that it is the subject of a dispute; as this litigation perhaps demonstrates.
“The answer will have the effect of clarifying the options open to MPs in the lead up to what is now an inevitable vote.”
The case has been brought by Labour MEPs Catherine Stihler and David Martin; Joanna Cherry MP and Alyn Smith MSP of the SNP and Green MSPs Andy Wightman and Ross Greer, together with lawyer Jolyon Maugham QC, director of the Good Law Project.
Maugham described the Court of Session ruling as an “absolute bombshell of a judgment for the Government”.
He added: “It is no exaggeration to say this is a case that could decide the fate of the nation.”
But in his judgment, Lord Carloway stated the Court of Justice of the EU would not be advising Parliament on “what it must or ought to do”.
Instead, it would be “merely declaring the law as part of its central function”, adding that “how Parliament chooses to react to that declarator is entirely a matter for that institution”.
The UK Government said: “We are disappointed by the decision of the Court. We are giving it careful consideration.
“But as the Government has repeatedly said, we are committed to implementing the result of the referendum and will not be revoking Article 50.”